1990 PLP 384 (SCMR)
WAPDA through Superintending Engineer (E)‑‑Petitioner Versus MUHAMMAD AYUB and another‑‑Respondents
| Citation | 1990 PLP 384 (SCMR) |
| Forum / Court | High Court |
| Bench Members | Muhammad Afzal Zullah and Usman Ali Shah, JJ |
| Parties | WAPDA through Superintending Engineer (E)‑‑Petitioner Versus MUHAMMAD AYUB and another‑‑Respondents |
| Primary Law | Constitution of Pakistan (1973)‑‑‑ |
Q1: What are the key laws and sections cited in 1990 PLP 384 (SCMR)?
This judgment primarily cites: Constitution of Pakistan (1973)‑‑‑ as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1990 PLP 384 (SCMR)?
The case was heard and decided by the High Court bench comprising: Muhammad Afzal Zullah and Usman Ali Shah, JJ.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1990 PLP 384 (SCMR) (WAPDA through Superintending Engineer (E)‑‑Petitioner Versus MUHAMMAD AYUB and another‑‑Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Asif Hussain Siddiqui, Advocate instructed by Manzoor Ilahi, Advocate -on‑Record for Petitioners (in both Civil Petitions).
- Nemo for Respondents (in both Civil Petitions).
- Date of hearing: 21st May, 1989.
Headnotes / Summary
(On appeal from the judgment, dated 13th and 14th March, 1988 of the Federal Service Tribunal, Islamabad in Appeal No.166(L) of 1983 and Appeal No.167(L) of 1983). ‑‑‑Art.212(3)‑‑‑West Pakistan Water and Power Development Authority Act (XXXI of 1958), S.17‑A‑‑‑ESTACODE (1983 Edition) Serial No.107 page 352, heading `Payment and amenities admissible to Government servant under suspension' O.M. No.9/80/79‑C, II (A) dated 28‑12‑1978‑‑‑Leave to appeal granted to consider the questions of general public importance whether, adherence to and fulfilment of conditions laid in O.M. No.9/80/79‑C, II (A), dated the 28th December, 1978 would involve concept of punishment. in so far as period under suspension was involved, if not, what was the nature of subsistence grant and/or allowances or other facilities/amenities allowed to official concerned during the period he remained under suspension.
Judgment & Decree
"Inquiries are being received in this Division in respect of payment of pay, allowances and other amenities to the suspended officers during the period of their suspension. The undersigned is directed to state that a Government servant, as well as an officer/employee of Government controlled Corporation/Autonomous Organisation under suspension is entitled to the following facilities:‑‑ (i) Subsistence grant.‑‑Equal ‑ to one‑half of the pay of the suspended Government servant as laid down in the Ministry of Finance O.M. No.12(32)‑R3/7Q, dated 14‑2‑1970. (ii) Allowances.‑‑Compensatory allowance as specified below if admissible before 4uspension:‑‑ (a) Senior post allowance. (b) House rent allowance. (c) Local compensatory allowance. (d) Conveyance allowance. (iii) Residential telephone.‑‑As is laid down in the Cabinet Division's O.M. No.5/1/70 (Cord. 1), dated 5‑5‑1970, the telephone, if installed officially, shall not be removed from the residence of an officer under suspension. But during the period of his suspension, while the rent for that telephone shall be paid by the Ministry/Division/Department/Organisation concerned (from where the suspended officer may draw his emoluments), payment on account of local and trunk calls shall be made by the officer himself. (iv) Residence Orderly.‑‑Naib‑Quasid where provided will be withdrawn: (v) Transport.‑‑No official transport will be provided.
2. This issue with the approval of the Finance Division vide its U.O. No.1250‑R‑13/78, dated 21‑12‑1978.
3. The above instructions may please be circulated in the Departments/ Corporations/Autonomous Organisations under the administrative control of respective Ministries/Divisions: (Authority.‑‑O.M. No.9/80/79‑C, II. (A), dated the 28th December, 1978)." It would require examination; whether, the adherence to and fulfilment of the afore stated conditions would involve concept of punishment in so far as the period under suspension is involved. If not, what is the nature of subsistence grant and/or allowances or other facilities/amenities allowed to the official concerned during the period he remained under suspension. The questions involved are of general public importance. Leave to appeal, accordingly, is granted. The appeal shall be prepared on the present record with direction to file all essential documents. M.A.K./W‑70/S Leave granted.