' The petitioner was elected as a Councillor with effect from 14-8-2001. She contends that through resolution, dated 21-10-2003 passed in exercise of powers under section 113 of the Sindh Local Government Ordinance, the respondent No,2 sanctioned payment of honorarium to each member of the council at the rate of Rs.7,000 per month. Nevertheless, it seems that though honorarium was disbursedfrom the date of passing of the resolution, the arrears with effect from 14-8-2001 were not paid.
2. Mr. Manzoor Ahmed, learned counsel for the respondent No,2 has candidly conceded that logically payment of honorarium is due with effect from 14-8-2001. Nevertheless, he pointed out that the Additional Director Local Funds Audit had raised objections to the effect that he would not be able to disburse payment of arrears without approval of the Government Accordingly, the matter was referred to the Government, but the Additional Chief Secretary Local Government Department.Opined that payment with retrospective effect could not be allowed.
3. Mr. Qazi Khalid Ali, learned Additional Advocate-General, however, was unable to support the plea taken by the Department and candidly agreed with Mr. Manzoor Ahmed as to the petitioner's entitlement. It may be clarified that the view taken seems to be wrong in law in as much as the Honourable Supreme Court has clearly held, inter alia, in Elahi Cotton Mills v. Federation of Pakistan (PLD 1997 SC 582) that Notifications taking away rights cannot be applied retrospectively, but those conferring benefit could always be so applied.
4. In view of the above, we would allow this petition and direct the respondents to make payment within four months from today.