1. ' GULZAR AHMED, J..--- By this application (Miscellaneous No,2465 of 2011), petitioners, have prayed for implementation of the order dated 8-4-2010 by which this petition along with C.P. No,D-1912 of 2009 were disposed of by noting the fact that the Hon'ble Chief Justice of this Court by exercising powers conferred by clause-15 Part-I of the Sindh High Court Establishment Rules, 2006 read with powers conferred by the Finance Department Notification No,B1/2(18) 1996 dated 25-11-2006 has issued two notifications, both dated 2-4-2010, by which utility and judicial allowances of staff/officials of this Court and Bench at Sukkur, Circuit Courts at Hyderabad and Larkana were enhanced w.e.f, 1-3-2010 and judicial and car allowances of the Officers working in B-17 of this Court and Bench at Sukkur, Circuit Courts at Hyderabad and Larkana were also enhanced. With regard to arrears the Court observed as follows:--- "It is however, stated by the learned counsel that as per the above Notification arrears have not been paid due to unavailability of funds and it is mentioned in the subject Notifications that the said allowances will be paid to the concerned Employees from the month of March, 2010 onward out of the sanctioned Budget grant of this Court for the Fiscal year 2009-2010 and the arrears would be paid as and when funds will be made available by the Finance Department Government of Sindh. The learned counsel for the petitioners submits that though the issue of payment of allowances has already been delayed, the respondents may be directed to pay the arrears without any further delay as expeditiously as possible. Mr. Miran Muhammad Shah learned Addl. A.-G.
2. Present in Court contends that since a considerable amount is involved therefore reasonable time may be granted. It may be noted that once a competent authority in exercise of powers has already enhanced the allowances, it is incumbent upon the Finance Department Government of Sindh to make the funds available. Looking at the amount involved and being at the end of the current financial year, we would direct that such arrears would be paid within two months from the date of this order. Let copy of this order be forwarded to the A.-G. Sindh for information and compliance."
3. ' The arrears, as noted above, were not paid to the employees/ officers who have filed this application for their payment. On 22-3-2011 statement was filed by the Secretary, Finance Department, Government of Sindh in which with regard to payment of arrears the following stand was taken:--- "As regards payment of arrears of enhanced Judicial Allowance, no request for releasing additional funds for enhanced Judicial Allowance has been received from Law Department/Sindh High Court by Finance Department."
4. ' The Additional Advocate-General has filed a statement dated 12-4-2011 with which is attached the original letter dated 9-4-2011 of the Section Officer (Legal) of Finance Department, Government of Sindh addressed to the Advocate General Sindh. In the last para which is with regard to arrears it is noted as follows:--- "This department is unable to know the period for which arrears are being claimed by the employees when the honourable Court has enhanced the rates of Utility and Judicial Allowances with effect from 1st March, 2010. Besides, Finance Department has already made necessary budgetary provisions in the Budget Estimates, 2010-11 as per demand of the Registrar, SHC."
5. ' Mr. Rasheed A. Razvi, the learned Counsel for the petitioners has contended that the Government is not releasing arrears of the allowances granted by the two notifications and unnecessarily confusing it with the date of 1-3-2010. He has further contended that there is specific mention of payment of arrears other than payment w.e.f, from 1-3-2010 in the two notifications and such is also apparent from the order dated 8-4-2010 where the only reason assigned for not disbursing the arrears by the A.A.-G., Sindh was that as it involves considerable amount therefore, reasonable time may be granted. Learned Counsel thus contended that the Government has not disputed or denied the liability for payment of the arrears and such be allowed to the employees and officers as per the notification and the order passed by the Court.
6. ' On the other hand, Mr. Adnan Karim, the learned A.A.-G. Sindh although made effort to dispute payment of arrears by reading the two notifications but when confronted with the order dated 8- 4-2010, he too was unable to defend the position that the arrears are not payable. He has further contended that the Government has challenged the order dated 8-4-2010 in the Hon'ble Supreme Court but candidly admitted that there is no stay order passed by the Hon'ble Supreme Court. He, however, asserted that there is no date provided in the notifications for payment of arrears and for this reason also the payment of arrears could not be given effect to by the Government. To the last submission of the learned A.A.-G., Sindh, Mr. Rasheed A. Razvi has pointed out that these petitions were filed for the implementation of the recommendations of the National Judicial (Policy Making)
7. Committee dated 18-12-2007 filed as annexure P-1 with the petition who has approved the rates of allowances of officers and staff which are to be paid from 1-1-2008. He has stated that such allowances were paid to the officers/staff by the Lahore High Court as well as by the Peshawar High Court from 1-1-2008 and in the petitions also the petitioners have prayed for granting of the allowances w.e.f, 1-1-2008. He has contended that there is no ambiguity regarding the date from which the arrears are to be paid.
8. ' We have considered the submissions of learned counsel for the parties and have gone through the record.
9. ' Though it is specifically mentioned in the two notifications dated 2-4-2010 that the utility ,and judicial allowance of staff/officials in B-1 to B-16 of this Court, its Bench at Sukkur, Circuit Courts at Hyderabad and Larkana is enhanced w.e.f, 1-3-2010 and judicial and car allowances of officers in B-17 of this Court, its Bench at Sukkur, Circuits Courts at Hyderabad and Larkana is enhanced from 1-3-2010 but the last para of both the notifications reads as follows:--- "However, due to non-availability/shortage of funds, it has been resolved that the said allowances will be paid to the concerned Employees from the month of March-2010 onward out of the sanctioned Budget Grant of this Hon'ble Court for the Fiscal year 2009-10. The arrears will be paid as and when funds will be made available by the Finance Department Government of Sindh."
10. ' This para of the notifications has already been observed in the order dated 8-4-2010, where it was noted that allowances in terms of two notifications will be paid.To the concerned employees from the month of March, 2010 onwards out of sanctioned budget grant of this Court for the fiscal year 2009-10 and the arrears would be paid as and when funds will be made available by the Finance Department, Government of Sindh. To the extent that arrears are payable, there is no ambiguity in the notifications as the same has already been lucidly and expressly mentioned in the order dated 8-4-2010. There was also no opposition from the side of Government for payment of arrears as the learned A.A.-G., Sindh who has appeared before the Court on 8-4-2010 has only contended that since the considerable amount is involved therefore reasonable time may be granted. Therefore the Government has agreed to pay the arrears. The question is from which date such arrears are to be paid. Although it seems that demand for increasing the allowances seems to be pending with the Government of Sindh but cause for filing the petitions was provided by the recommendations dated 18-12-2007 of the National Judicial (Policy Making) Committee, wherein it has recommended for increasing the allowances from 1-1-2008. The petitioners have also claimed in their petitions the increase in allowances from 1-1-2008. In the order dated 16-10-2009 the Court has observed as follows:--- "We have taken serious view of the matter and direct the respondent No,4, Finance Department, Government of Sindh to allocate the requisite fund as requisitioned by respondent No,2 to comply with the National Judicial Policy in consonance and at par with privileges and benefits as are extended to the employees of other High Courts."
11. ' In the same order it was noted that employees of Lahore High Court and Peshawar High Court have been extended the benefit of increase of these allowances. Thus, it is clear from all attending circumstances that two notifications which provide for payment of arrears have nexus to the recommendations of the National Judicial (Policy Making) Committee dated 18-12-2007 which has specifically IA provided for increase of these allowances from 1-1-2008.
12. ' In the case of Khan Chand Tiloka Ram v. State of Punjab and others (AIR 1966 Punjab 423) a full bench of Punjab High Court in the dealing with the question of interpretation has observed as follows:--- "It is a recognized principle of interpretation of statutes that in order to give meaning to the clear and definite intention of the Legislature some words may in suitable cases be read in the provisions to avoid reducing the provisions to an absurdity."
13. ' In the same judgment, the full bench has further observed as follows:--- "It must be presumed that every word used in a section of a legislative enactment has been inserted with a purpose and some meaning must be assigned to it. The intention of having uselessly added surplus words or phrases should never be attributed to the legislature. The Courts always presume, while interpreting statutes, that the legislature inserted every part thereof for a purpose and the legislative intention is that every part of the statute should have effect."
14. ' Keeping in view the above principle of law, the word arrears as appearing in two notifications cannot be considered to be surplus, superfluous and it has to be given effect from 1-1-2008.
15. ' After hearing the learned counsel for the parties, through a short order dated 27-4-2011 we have allowed the application of the petitioners and directed that arrears of the allowances be disbursed