Full Judgment Text & Judicial Ruling

1994 P L C (C

1994 P L C (C.S.) 1625

[Supreme Court of Pakistan]

Present: Abdul Qadeer Chaudhry and Wali Muhammad Khan, JJ

FEDERATION OF PAKISTAN through Secretary, Establishment Division, Government of Pakistan, Islamabad

Versus

RAFIQUE INAYAT MIRZA, SECRETARY, MINISTRY OF LOCAL GOVERNMENT AND RURAL DEVELOPMENT, ISLAMABAD and 2 others

Civil Petition No. 278 of 1993, decided on 8th November, 1993.

(On appeal from the judgment dated 8‑3‑1993 of the Federal Service Tribunal, Islamabad in Appeal No. 328(R) of 1985).

Constitution of Pakistan (1973)‑‑‑

‑‑‑‑Art. 212(3)‑‑‑Car maintenance allowance‑‑‑Entitlement‑‑‑Service Tribunal on consideration of factual and legal aspects of the case had come to conclusion that civil servant was entitled to specified amount per month as car maintenance allowance for the claimed period (six months)‑‑‑No legal error in the judgment of Service Tribunal was pointed out‑‑‑Leave to appeal was refused in circumstances.

Sh. Maqbool Ahmed, Advocate Supreme Court and Ch. Akhtar Ali, Advocate‑on‑Record for Petitioner.

Nemo for Respondents.

Date of hearing: 8th November, 1993.

JUDGMENT

WALI MUHAMMAD KHAN, J.‑‑‑Federation of ,Pakistan seeks leave to appeal against the judgment of Federal Service Tribunal dated 8‑3‑1993, whereby the appeal filed by Rafique Inayat Mirza, respondent No. 1 herein, was accepted and the Establishment Division was directed to pay the respondent No.1 Rs.2,000 p.m. as car maintenance allowance for six months from January, 1985 to June, 1985.

The facts of the case, briefly stated, are that the respondent No.1 was appointed as Officer on Special Duty (OSD) on 18‑6‑1984 in the Establishment Division and remained as such till 1‑7‑1985, whereafter he was posted as Secretary, Ministry of Local Government and Rural Development. He claimed ‑free use of staff car for official as well as private use under the relevant rules but his request was not acceded to as he was not held to be an 'Entitled Officer'. He filed appeal before the President on 12‑6‑1985 but having received no reply within the prescribed period, an appeal was filed before the Federal Service Tribunal by him.

We have heard Sh. Maqbool Ahmed, Advocate, for the petitioner, and have perused the record of the case.

The learned Service Tribunal on consideration of the factual and legal aspect of the case has come to the conclusion that the respondent No. 1 is entitled to Rs.2,000 per month as car maintenance allowance for six months from January, 1985 to June, 1985. We do not find any legal error in the impugned judgment and, accordingly, dismiss the instant petition and refuse leave to appeal.

A.A./F‑294/S Leave refused

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