Find a Lawyer

Civil Petition for Special Leave to Appeal No. 130‑R of 1984, decided on 7th April, 1986.

(From the judgment of the Federal Service Tribunal Islamabad, dated 8‑3‑1984 in Appeal No. 141(R) of 1982).

‑‑Art. 212(3)‑‑Hand Book of Important Orders/ Instructions on Financial Matters issued by Ministry of Foreign Affairs, S. No. 177(5)‑‑Petition for leave to appeal‑‑Petitioner an employee of Foreign Affairs Department posted abroad, overstaying there on his transfer back to Pakistan due to illness of his daughter and asking for daily allowance on ground that it was a 'forced hault' en route to place of duty‑‑Petitioner's overstay abroad due to illness of his daughter, held, would not constitute a case of 'hault en route' to place of duty‑‑Leave to appeal refused.

Muhammad Siddiq Siddiqi, Advocate Supreme Court and Advocate -on‑Record for Petitioners.

Nemo for Respondent.

‑‑Leave to appeal has been sought from judgment, dated 8‑3‑1984 of the Federal Service Tribunal; whereby petitioner's service appeal regarding daily allowance when on foreign duty was dismissed in so far as the daily allowance is concerned, though it was partially allowed regarding pay and other allowances.

The impugned judgment in so far as it relates to the present grievance reads as follows:‑

"The appellant, Shamshad Hussain, a stenotypist in the Ministry of Foreign Affairs, was serving in the Pakistan Embassy of Iran. On 20‑3‑1980, his daughter fell ill and was admitted in the hospital. On 30‑4‑1980, the appellant was relieved of his duties in Iran and was posted back to Pakistan. However, he stayed in Iran till he was in a position to obtain travelling certificate for his sick daughter. This could be arranged on 29‑6‑1980. The appellant then returned to Pakistan. He claims that, since his stay from 30‑4‑1980 to 29‑6‑1980 was beyond his control, his daughter being ill and he waited for the certificate, he is entitled to daily allowance for that period. Reliance in this respect was placed on sub‑para. (5) of S. No. 177 of the Hand Book of important orders/ instructions on financial matters issued by the Ministry of Foreign Affairs, wherein, at page 253, it is provided that "an official will also be entitled to full daily allowance for self and members of his family for forced halts en route to the place of duty provided that the halts were not due to any personal desire or personal benefits of the official concerned". We are afraid, this proposition does not help the appellant, as it relates to force halts en route, and not at the place of duty from where one in transferred. Giving daily allowance at the place of duty is not contemplated by any provision of the Hand Book.

After hearing the learned counsel on the interpretation of the rule quoted in the above referred portion of the impugned judgment we agree with the Tribunal that in the circumstances of this case the stay of the petitioner even when on account of ‑his daughter's illness at Meshed (Iran) would not constitute it as a case of "halt en route to the place of duty". That being so, there is no force in this petition and the same is dismissed.

M . Y . H . Petition dismissed.

Find a Lawyer Near You

Dealing with a matter like this? Connect with a verified advocate in your city — free on SJP Lawyers Directory.