Grade 1 to 22 employees: SC asks federal government to pay 20 percent special allowance

The Supreme Court on Tuesday ordered the federal government to pay 20 percent special allowance to all the employees from grade 1 to 22, working in attached and subordinate departments of federal government.

A three-judge bench headed by Justice Maqbool Baqir heard an appeal against the order of divisional bench of Islamabad High Court (IHC).

A single bench of IHC comprising Justice Shaukat Aziz Siddique had held that all the employees of federal government and other allied departments were equally entitled to 20 percent special allowance, granted to employees of ministries/divisions.

However, in the intra court appeal the divisional bench comprising Justice Amir Farooq and Justice Mohsin Kiyani had declined the employees' prayers, ;eaving them with no option but to file an appeal in Supreme Court.

The court directed that there should be no discrimination with the federal government employees therefore all the workers should be given the 20 per cent special allowance.

During the proceeding, advocate Shoaib Shaheen argued that the employees working in the attached or subordinate departments of the Ministries/Divisions were doing the similar job but they were not getting the special allowance.

The special allowance is given only to the government employees working in the ministries. He said this allowance should also be given to those employees as well working in attached or subordinate departments of the ministries/divisions. He questioned how the government could discriminate among its own employees.

The apex court accepting the appeals declared the order of Divisional Bench of Islamabad High Court null and void.

Shoaib Shaheen said that the employees of FIA, Police, FBR, Post Offices, Motor Way Police, ISI civilian workers, who are getting salaries from the federal budget or AGPR will get the allowance from June 2013.

The appellants are the employees of Department of Communications Security, Cabinet Division, Islamabad, federal government departments, secretariats and statutory bodies.

The Finance Division issued an office memorandum No.F.10(2) R-3/2012 dated 08-03-2013 whereby the then Prime Minister has approved 20% Special Allowance of the basic pay scale to the employees working in the Federal Ministries/Division only.

The appellants' counsel argued that his clients were deprived of the same allowance. He said that employees of the neighbouring departments of the federal government like employees of President's Secretariat, Prime Minister's Secretariat, Wafaqi Mohtasib's Secretariat, Federal Tax Ombudsman's Secretariat, National Assembly's Secretariat, Senate's Secretariat, are already receiving special allowances equivalent to 100% of their basic pay and the employees of other neighbouring departments i.e. IB, Atomic Energy, BISP, etc, also receiving 100% adhoc relief and special daily allowance. He stated the petitioners are not receiving such special allowances which is extremely discriminatory and highly prejudice to the rights of the petitioners although they are working in similar conditions and areas i.e. Red Zone Area/Pak Secretariat.

He contended that the petitioners being federal government employees are entitled to all benefits including facility, salary, allowances, relief and retiring benefits as per the serving in the same scales as to the employees in other neighbouring departments.

Therefore non-granting of special allowance/adhoc relief to the petitioners is extremely discriminatory and sheer violation of guaranteed rights provided under Article 25 and 27 of Constitution.