IQBAL HAMEED-UR-RAHMAN, J.--- Through the instant petition the grievances urged by the petitioners are that the petitioners who had been allowed one month running pay as special allowance had been withdrawn vide order dated 1-7-2009 in view of the risk allowance salary package of the Punjab Police.
2. Brief facts succinctly required for the determination of this writ petition are that on 8-4-2006 Punjab Criminal Services Constitution Functions and Power Act, 2006 was promulgated and in pursuance to the same a separate prosecution agency was established that the prosecutors working in the Police Department (Prosecution Branch) and working in Law Department as well were to be appointed and inducted in this separate prosecution agency. In view of the same an attractive pay package was given in order to attract and a major Chunk of the Police Prosecutors DSP (Legal) and Inspector Legal and in this regard a meeting was called in July, 2006 when it was agreed that special allowance would be offered to them and resultantly in this regard a summary dated 26-7-2006 was prepared and moved giving special allowance to the Law Officers in the above mentioned Legal Department and as an incentive in addition to the pay, one additional basic pay per month was given to the Law Officers vide order dated 2-4-2008. As such the petitioners were accordingly paid additional basic pay of one month from April, 2008 to April, 2009 but subsequently another summary was moved on 21-4-2009 for the enhancement of salary package of the Punjab Police and said summary was recommended as under:--- "Risk allowance, equivalent to one running basic salary, be paid to all the members of Punjab Police. This increase would be across the board and shall apply to all ranks and formations of the Police Department (except members of the City Traffic Police of the five big cities and the Punjab Highway Patrol). The Risk Allowance currently admissible to the members of Elite Police Force and the CID shall henceforth be termed as Special Allowance and would continue to be paid @ 40% of the basic salary per month."
' It is further stated that in pursuance to the said summary a subsequent clarification had also been issued vide Order No,10370- 480/P-IV/Dir-F&W, dated 10-6-2009 and as per para No,3 of the said order on award of the new salary package the following benefits are withdrawn w.e.f, 1-4-2009 as under:
(i) Special Pay/Special Allowance to the Elite Police Force @ 40%.
(ii) Special Pay/Special Allowance @ 20% basic salary from:
(a) CID (both Special Allowance and Special Pay).
(b) Special Branch (Both Special Allowance and special pay).
(c) Central Police Office.
(d) Investigation Branch.
(e) Punjab Constabulary.
(f) Telecommunications & Transport.
(g) Traffic (Excluding City Traffic Police).
(iii) Special Allowance admissible to SDPOs and SHOs equal to one extra basic salary plus 20 days fixed DA.
(iv) Special Allowance admissible to the Head Constable and Constable @ Rs,2000 P.M.
' It is contended by the petitioners that as per the clarification given vide order dated 10-6-2009 it is quite apparent that the same was not to effect the petitioners as the special allowance given to the petitioners does not find any mention in the withdrawal specified in the above order and the same had also been concurred with by the officers of the Legal Affairs Division/parent department of the petitioners. Therefore, the special allowance has not been withdrawn and they are fully entitled to the payment of the same. Further, the petitioners are not affected by the risk allowance package as the special allowance afforded to the petitioners has not been withdrawn. But the Finance Department is illegally, unlawfully, not allowing the same to the petitioners and their other colleagues the same is being done without approval of the competent authority i.e, Chief Minister in the case of the petitioners. There is no order as the withdrawal of the special allowance by any order of the competent authority i.e, Chief Minister. As such the act of the respondents by not allowing the special allowance to the petitioners is illegal, void, unlawful, without authority as such this writ petition is maintainable and the respondents be directed that the petitioners be allowed special allowance alongwith arrears and the recoveries made be reimbursed. The plea of section 21 of the General Clauses Act taken by the respondents is not attracted to the instant case by the principle of locus poenitentiae would be applicable and in this regard reliance has been placed on Pakistan, through the secretary, Ministry of Finance v. Muhammad Himayatullah Farukhi PLD 1969 SC 407 and the Engineerin-Chief Branch through Ministry of Defence, Rawalpindi. v. Jalaluddin PLD 1992 SC 207. It is further stated that the said special allowance is still being allowed to the legal representatives.
3. On the other hand learned Additional Advocate-General while opposing the plea of the petitioners states that the factual position as contended by the petitioners is not denied but the legal aspect is that after the approval of the unified package for the enhancement of the salary package of Punjab Police Officers it be would applicable to all the Police Officers across the board in order to create uniformity as such the special allowance afforded to the petitioners had been withdrawn.
4. Arguments heard pro and contra of the petitioners in person and that of the learned Additional Advocate-General.
5. It is admitted fact that the petitioners had been allowed special allowance of one month additional basic pay in addition to their pay. The same was allowed as incentive given to all the Police Prosecutors working as DSP Legal and Inspector Legal and the same has duly been paid to the petitioners from April, 2008 to April, 2009. The enhancement in the salaries of the Police officials through special package no doubt was introduced to rationalize, disparity in the salaries of various units, ranks of the police and to bring it at par with the salary of the Islamabad and motorway police. But keeping in view the order No,10370-480/FIV/Dir-F&W, dated 10-6-2009 wherein the withdrawal to be made has been specified as per para No,3. It has been specified as what allowances stand withdrawn w.e.f, 1-4-2009 and the same is reproduced below:--- Withdrawal
3. On award of the new salary package the following benefits are withdrawn w.e.f, 1-4-2009 as under:
(i) Special Pay/Special Allowance to the Elite Police Force Q 40%.
(ii) Special Pay/Special Allowance (a 20% basic salary form:
(iii) CID (Both Special Allowance and Special Pay).
(iv) Special Branch (Both Special Allowance and Special Pay).
(v) Central Police Office.
(vi) Investigation Branch.
(vii) Punjab Constabulary.
(t) Telecommunication & Transport.
(g) Traffic (Excluding City Traffic Police).
(vii) Special Allowance admissible to SDPOs and SHOs equal to one extra basic salary plus 20 days fixed DA.
(viii) Special allowance admissible to the Head Constable and Constable t Rs,2000 P.M.
6. From the perusal of the same it is quite obvious that special incentive allowance afforded to the petitioners of one additional basic pay scale per month has been withdrawn as such the petitioners cannot be deprived of the said special allowance.
7. In view of the above perspective, the petitioners are entitled to the same as such the respondents are directed to allow the payment of the special allowance to the petitioners, arrears be also paid to them and if any recovery has been made the same be reimbursed.
8.. In the above terms this writ petition stands accepted with no order as to costs.