Utility Allowance and Judicial Allowance to Consumer Court dt 25.04.2018

Utility Allowance and Judicial Allowance to Consumer Court dt 25.04.2018

OFFICE MEMORANDUM

Subject: Judicial Allowance

I am directed to refer to the subject noted above.

2. The Solicitor Department has issued sanctioned order bearing No. Lit.491/2011/8186/18 dated 06.04.2018 and No. Lit.491/2011 dated 11.04.2018 to Advocate General of Punjab for filing of ICAs as mentioned in the subject in Lahore High Court, Multan Bench, Multan (Annex-1).The Hon’ble Mr. Justice Muzammil Akhtar Shabir, Lahore High Court, Multan Bench, Multan passed judgment order dated 22.01.2018 (Annex-II). The staff of Consumer Court is posted by Industries Department (Punjab Consumer Protection Council). The petitioner is not a member of the High Court Establishment or Subordinate Judiciary. Hence, the petitioner/staff of Consumer Court is not entitled for grant of Judicial and Utility Allowance as per notification of Finance Department’s notification No.FD.SR-1/9-1/99 dated 13.08.2008 (Annex-III).

3. It is submitted that the matter pertains to the terms and condition of service. It is a settled principle of law that no limitation runs against void order. Reliance is placed on PLD 1984 SC 627. In the similar / identical matters, Finance Department has already filed the following CPLAs and admitted for regular hearing:

1. CPLAS No.146-L/2013 titled as Govt. of the Punjab etc. vs Muhammad Sohail Tahir.
2. No.37/2015 titled as Govt. of the Punjab vs Abdul Qayyum and others.
3. No.527/15 titled as Govt. of the Punjab etc. vs Awais Ahmad etc. 
4. No.3-L/2016 titled Govt. of the Punjab vs Imtiaz Ahmad Khan.
5. No.1292-L/2017 titled Govt. of the Punjab vs Hafiz Saeed Khalil Ahmad & 16 others.
6. No.2207-L/2017 titled Government of the Punjab vs Farooq Ahmad.
7. CPLA NO.1252-L/2017, titled Federation of Pakistan through Secretary, Ministry of Finance and other Versus Muhammad Akram, PS & others (connected matter regarding Judicial Allowance)
8. CPLAS No.146-L/2013 titled as Govt. of the Punjab etc. vs Muhammad Sohail Tahir.
9. No.37/2015 titled as Govt. of the Punjab vs Abdul Qayyum and others.
10. No.527/15 titled as Govt. of the Punjab etc. vs Awais Ahmad etc.  
11. No.3-L/2016 titled Govt. of the Punjab vs Imtiaz Ahmad Khan. 
12. No.1292-L/2017 titled Govt. of the Punjab vs Hafiz Saeed Khalil Ahmad & 16 others.
13. No.2207-L/2017 titled Government of the Punjab vs Farooq Ahmad.

4. The CPLA in the identical issue has already been filed by the Federation of Pakistan through the Ministry of Finance in CPLA No.1252-L/2017 in which the Supreme Court has granted a stay order on 29.06.2017 (Annex-IV). Solicitor’s Department has already issued sanction for filing the ICAs on identical matters to Advocate General, Punjab vide letter No. Lit.491/2011/8186/18 dated 06.04.2018 (Annex-V).

5. It is requested that consolidated Judgment dated 22.01.2018 in writ petitions may be assailed before competent higher forum to save interest of Government.

7. It is treated as most urgent.