Nadeem Ahmad Ashrafi, Assistant Professor of Physics, Govt. College of Science, Lahore has issued the letter on 4th May, 2020 for appellate authority regarding departmental appeal against unlawful deduction of conveyance allowance during summer and winter vacation. According to the details of letter;
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With veneration and utmost sense of respect, the appellant (Assistant Professors, BS-18) being the aggrieved person submits this Departmental representation against the unlawful and unjustified deduction of conveyance allowance during summer and winter vacation.
It is humbly requested that I am serving as Assistant Professor of Physics and am a regular employee of the Higher Education Department.
I want to bring into your kind notice that the conveyance allowance of my salary has been deducted during summer and winter vacation by the Accountant General, Punjab. As the conveyance allowance is a part of compensatory allowance which means an allowance granted to meet the personal expenditure necessitated by the circumstances in which duty is performed. (A copy of the Judgment attached)…….Annexure-A
Honorable Sindh Service Tribunal allowed the conveyance allowance to all the Teaching Staff during summer and winter vacation vide Judgment dated 23-12-2015 which has been implemented by the Govt. of Sindh Higher Education and School Education Department. The deduction of conveyance allowance from my salary and from the salaries of employees (Lecturers, Assistant Professors, Associate Professors and Professors) during summer and winter vacation is a clear discrimination against my right of matter in appeal 289 to 1298 (R) C.S-2015 identified and upheld by the Hon’ble Supreme Court of Pakistan in CPs No. 4957 to 4966 of 2017 date 13-07-2018. (A copy of the Judgment attached)…….Annexure-B
It is pertinent to mention here that the summer/winter vacation are holidays not leave of any kind. (A copy of the decision of appeal of Sindh Service Tribunal is attached) …….Annexure-C
The Supreme Court in CPs No. 4957 to 4966 of date 13-07-2018 has decided that Appellant are considers as on duty. The relevant para 8, 9 and 10 are reproduced
FR-82(b) enunciates in unambiguous terms that vacations count as duty. Even during vacation a government servant/teacher is required to be prepared for any call of duty in relevant department. The vacations are available not on the basis of any option for Government servants/teachers working in school and colleges. The period of earned leave is curtailed by one month for each. The summer vacations are not granted on the demand and option of teachers. They are allowed lesser earned leaves than the rest of government servants of various departments.
The conveyance allowance is admissible to the government servants who are on duty. The statute treats the period of vacation as duty. The explanation given by Finance Division is in conflict with statutory provisions like FR(82) which are to reign supreme, as compared to the explanation of the Finance Division. There seems to be no justification whatsoever for depriving the appellants of the payment of conveyance allowance during the period of summer vacation.
In the circumstances, we are constrained to allow these appeals. Order accordingly conveyance allowance is payable to appellant w.e.f the vacation of 2014 when the departmental appeals/representations were filed by these appellant.
In the Federal Service Tribunal appeal 1888(R)/2016 dated 28-112018 titled Muhammad Sikandar Dar vs Secretary, Federal Education, The honorable Federal Service Tribunal decided an identical / a similar case in favor of Federal College Teachers. The operative part is:
For the forgoing reasons and in view of the rule of consistency, we have no hesitation to accept the appeal. Therefore, the respondents are directed not to deduct the conveyance allowance from the salary of the appellant during summer and winter vacation. The conveyance allowance is already deducted should be reimbursed to the appellant forthwith. This judgment is considered in rem and not in personam and thus the respondents should pay the said allowance to all similarly placed employees of the educational institution to avoid discrimination under article 4, & 25 of the constitution as well as unnecessary litigation.
The Govt. of Pakistan Finance Division (Regulation Wing) through its office memorandum F.No 3(1) R-5/2014 has implemented the decision of FST. (A copy of the same attached)………Annexure-D
It is further added that the civil petition No 450 of 2019 filed by Federal Government in the above case is declined by the Honorable Supreme Court. The operative part of the decision of Apex Court is as under:
According to the revised leave rules, 1980.S.R.O.1313 (I)80,
A civil servant earns leave on full pay which is calculated at the rate of four days for every calendar month of the period of duty. The employees of non-vacation departments earn 48 Earned Leaves and they enjoy extra 52 holidays due to Saturday off in Civil Secretariat, Director Public Instructions Colleges and all federal departments.
It is a fact that the decision of the Honorable Supreme Court is the law of State. College Teachers of Punjab are denied of Conveyance Allowance during summer and winter vacation and even in the days of lock down due to corona virus. The employees of all other departments are also confined in their homes due to lockdown in Pakistan. They all were given conveyance allowance except the College and School Teachers of the Govt. of Punjab. This is a wide discrimination among the employees of different provinces of the same country which is very heart-burning.
PRAYER
It is therefore, prayed that the Accountant General, Punjab may kindly be directed to stop the deduction of Conveyance Allowance during summer and winter vacation and the already deducted amount in this regard may kindly be reimbursed from the date of reimbursement of college teachers of Sindh and Federal Government.
Kindly clerify to whom the appeal was made