1999 PLP (C (PLC(CS))

ABDUL RAZZAQ A. THAHIM (CHAIRMAN). ‑‑‑Appellant Mr. Muhammad Fahim is working as Stenotypist in the Department of Stationery and Forms Department, Karachi. He was appointed as Stenotypist in the F.P.S.C. on 11‑4‑1990. He applied for the same post in the Stationery and Forms Department and was selected and joined on 14‑7‑1992 (BPS‑12). He made an application to the Controller of Stationery and Forms on 18‑4‑1995, in which he prayed that he may be granted Secretariat Allowance (now Personal Allowance) on the basis of earlier judgment of the High Courts, etc. His request for the Secretariat Allowance was not granted. Being dissatisfied, he has now come before the Tribunal with the prayer that he is an employee of the Attached Department of the Cabinet Division, therefore, this Tribunal may declare that the appellant and other employees of the Department of Stationery and Forms are entitled to payment of Secretariat Allowance/Personal Allowance @ 20% in view of the Finance Division O.M. dated 1‑7‑1988. They have also claimed the arrears.

2. The appeal was admitted. The comments have been filed by the Finance Division and we have heard the learned counsel for both the parties.

3. Mr. Kanwar Mukhtar Ahmad, the learned counsel for the appellant argued that Department of Stationery and Forms is an Attached Department of the Cabinet Division, therefore, the appellant and other employees are entitled to the Secretariat Allowance. He has referred to Finance Division O. M. No. F.1(32)/Imp.88, dated 1‑7‑1988 and submitted that almost all the Courts have decided the cases that all employees of Federal Government are entitled to Secretariat Allowance quoted the instances of the Federal Service Tribunal, Federal Shariat Court and the High Courts and other attached departments and submitted that the appeal be allowed and the appellant and other employees of the Department of Stationery and Forms be given Secretariat Allowance from 1988 with arrears. He has placed reliance on various judgments of the High Courts and the Supreme Court. He has also referred to 1991 SCMR 1041 and submitted that there is discrimination that the appellant is not being allowed Secretariat Allowance as done in the case of other Attached Departments.

4. Mr. Syed Muhammad Shahudul Haque, learned counsel appearing for the respondents submitted that under the O.M. dated 1‑7‑1988, the employees of the Federal Secretariat were only entitled to the allowance and not the employees of the Attached Departments. It is argued that the said allowance was abolished in 1994 and new pay‑scales have been introduced vide O.M. dated 15‑6‑1994 whereby option was given to the employees either to draw the existing pay‑scales plus Secretariat Allowance or the new pay‑scales plus Personal Allowance, which option the appellant did not exercise and, therefore, it is a closed chapter and the appellant cannot claim this allowance at this belated stage when the situation has changed altogether.

5. Mr. Tahawwar Ahmed, Deputy Secretary, Finance Division has elaborated the contentions and placed on record copies of Office Memoranda issued from time to time in this context. It is argued that the Government has reviewed the policy on the introduction of new pay‑scales vide O.M. dated 15‑6‑1994 and under paragraph 6 of the said O.M., options were taken from the employees, but the appellant did not exercise this option and is continuing to draw pay in the revised pay‑scales and as such he is not entitled to the Secretariat Allowance.

6. The Scheme of the Secretariat Allowance was introduced vide Finance Division O.M., dated 1st July, 1988 and initially the employees of the Federal Secretariat were allowed this allowance, but subsequently some of the Departments like C.B.R., P.B.C. and P.T.V. etc. and the judicial forums, e.g. High Courts; Federal Shariat Court and the Federal Service Tribunal were allowed this benefit on the basis of judgments of the High Courts and the Tribunal. However, the appellant and the employees of the Department of Stationery and Forms neither went to the High Court nor before this Tribunal for grant of this allowance. Meanwhile, the Government reviewed the matter and on the introduction of Basic Pay Scales of the Federal Government employees from BPS‑1 to 22, vide Finance Division O. M. No. F.1(2)‑Imp/94(i), dated 15th June, 1994, it was decided that those employees who were drawing old pay‑scales could get this Secretariat Allowance but in case of those employees who opt for new pay‑scales were not entitled to the allowance, but personal allowance under certain conditions contained in paragraph 5(i) of the said O.M. The relevant paragraphs 5 and 6 of the O.M. is reproduced hereunder:‑‑ "

5. Allowances: (i) Secretariat Allowance With the introduction of new scales of pay, the Secretariat Allowance is abolished with effect from 1‑6‑1994 and the amount actually drawn on 31‑5‑1994 will be converted into Personal Allowance. Such Personal Allowance in case of Government employees in BPS‑17 to 22 shall be reduced by the amount of annual increments, by which the Government employees' pay may a; be increased after 1‑6‑1994, and shall cease as soon as his pay is increased by an amount equal to/on more than his exempted from this adjustment to the extent that their Personal Allowance will not be reduced/adjusted. (ii) Other allowances, special pays etc.‑‑‑Special pays and other allowances including House Rent Allowance will be maintained at the level drawn/admissible at the rate as on 31‑5‑1994.

6. Option: (a) All existing Government employees are given option either to draw the existing pay‑scales plus Secretariat Allowance or the new pay scales plus Personal Allowance in the manner as at 5(i) above. Option to retain existing scale with Secretariat Allowance must, however, be given in writing by the employees concerned to the audit office/Drawing and Disbursing Officer concerned by the 15th July, 1994. Option once exercised shall be final. (b) An existing Government employee who does not exercise and communicate such option within the prescribed time limit, shall be deemed to have opted to be governed by the new scales and abolition of Secretariat Allowance. " The appellant is working in the Department of Stationery and Forms since July, 1992 and was not drawing Secretariat Allowance and so also the other employees of the Department as they were not entitled to this allowance, and they are not party before us. Even the appellant did not apply till 1995 when, according to him, he for the first time made an application on 18‑4‑1995, although he was fully aware that some other Departments had gone to the High Courts or the Federal Service Tribunal and the Supreme Court for grant of this relief. In spite of the fact that option was taken from all departments including the Department of Stationery and Forms but appellant has not given any option and is drawing new pay‑scales. The revised policy is very clear and this policy has not been challenged by the appellant or any of the employees of the department in any forum. In the revised policy the Government has taken care of those who were drawing Secretariat Allowance and adjustment has been made. Therefore, at such a belated stage when the Secretariat Allowance has since been discontinued with effect from 1‑6‑1994, the appellant has no case for the Secretariat Allowance as we cannot revise the entire policy which is now a closed chapter.

7. The appeal having no merit is dismissed with no order as to costs. H.B.T./164/Sr.F Appeal dismissed.