Finance Reply – Incentive Allowance to Doctors Posted at THQs 27.05.2023
OFFICE MEMORANDUM
Subject: Incentive Allowance to Doctors
I am directed to enclose herewith a report (in triplicate) in respect of the above cited case, on behalf of the Finance Department, for further necessary action.
Respectfully Sheweth:
That the answering respondent (1.e. Finance Secretary) was in pleaded as a party in Writ Petition No.34/2018 but impleaded as a respondent No 2 in the instant contempt petition, therefore, this contempt petition is not maintainable against the Finance Department. Hence, liable to be dismissed.
2. That the petitioner has no locus standi to file the criminal original against the answering respondent. Hence, the same is liable to be dismissed as not maintainable.
REPORT
It is submitted that the petitioners have filed instant Criminal Original alleging therein non compliance of Order dated 19.04.2018 passed in Writ Petition No.34/2018 and also praying that the respondents may be directed to make the payment of special incentive package i.e. Rs.45000/- + Rs.5000/- to the petitioners in their monthly salary and they may be restrained to make any deduction of the said amounts already received by the petitioners.
2. It is further submitted that the Hon’ble Lahore High Court, Multan Bench, Multan vide Order dated 19.04.2018 (Annex-1) allowed the Writ petition No.34/2018 in terms of:
“5. Resultantly, this petition is allowed and the respondents are directed to continue making payment the amount of incentive package i.e. Rs.45,000/- Rs.5000/- per month to the petitioners with effect from November, 2017. It is further directed that in future also no discontinuation in such payment will be allowed“.
3. It is pointed out that the answering respondent (Finance Secretary) was neither impleaded as a party in the above Writ Petition No.34/2018 nor any direction has been passed to the Finance Department in this regard.
4. It is further submitted that the Finance Department, in pursuant to letter from respondent No.1 (i.e. Health Department), asked to apprise regarding remedial measures, so far have been taken by them in respect of Order dated 19.04.2018 passed in Writ PetitionNo.34/2018 by the Hon’ble Lahore High Court, Multan Bench, Multan vide letter bearing No.FD.SR-1/11-10/2021, dated 08.10.2021 (Annex-II). The answering respondent does not even imagine defiance of this Hon’ble court’s order dated 19.04.2018 to stop granting benefit to the extreme of petitioners of Writ Petition No.34/2013.
5. in view of the above submissions, it is respectfully prayed that the instant criminal original may kindly be dismissed being not maintainable against the answering respondent (i.e. Finance Secretary) as no defiance of the Hon’ble Court’s orders has been made by the Finance Department.
