ALI BAQAR NAJAF!. J. --- Through this writ petition, the petitioner being Secretary of Employees Welfare Association, Board of Intermediate & Secondary Education, Rawalpindi, calls in question order dated 18.08.2011 passed by respondent No. I. Whereby said respondent adopted the Notification of Government of the Punjab, Finance Department bearing No. FD-PC-2-2011, dated 11.07.2011 regarding revised pay scale. Allowance and pension for the employees of the Board, as a result whereof Medical Allowance and House Rent already drawn by the petitioner, stood frozen.
2. Learned counsel for the petitioner submits that the petitioner is enjoying the facility of Medical Allowance and House Rent at running pay scales by law and on the basis of verdicts of this Court which cannot be withdrawn at the whim of respondent No. I; that respondent is autonomous body generating its own funds and the Government of the Punjab is not contributing any amount and is only the controlling authority of the Board; that Government of the Punjab cannot enforce its pay scales etc. On the board/respondent; that the budget has already been sanctioned/allocated in respect of aforesaid allowances on the running pay scales and as such respondent No. 1 was not justified to freeze the same; that it is settled principle of law that financial benefit once allowed could not be withdrawn. The learned counsel for the petitioner has placed on record copy of order passed by this Court in Writ Petition No. 13374 of 2011 and Writ Petition No. 21030 of 2011 to strengthen his arguments.
3. Conversely, learned counsel for the respondents, on the other hand, submits that the Board in its meeting held on 25.08.2011 decided to adopt notification of Government of the Punjab Finance Department bearing No. FD.PC. 2-1/2011, dated 11.07.2011; that the Board is duly empowered to decide the matter of pay and allowances of its employees according to Section 10, Chapter IV of the Act of 1976. When confronted as to how the board can freeze the allowances when already budget has been sanctioned/allotted in respect of these allowances at the rate of running pay scale, learned counsel could not justify the act of respondent/department.
4. I have heard the learned counsel for the parties and perused the record.
5. Admittedly, respondent No. I is functioning under the Punjab Board of Intermediate and Secondary Education Act, 1976 which is a body corporate/autonomous.
According to Section 10(4) of the Act ibid the respondent/Board is enjoying financial autonomy. It is also admitted that the Government of the Punjab is not contributing any funds towards the business of respondent/Board. Neither in the report and parawise comments nor during the course of arguments, learned counsel for the respondents/Board put forth their case that due to grant of Medical Allowance and House Rent to its employees at running pay scale the respondent/Board had to bear an extra burden which would ultimately trickle down to forcing them to enhance the examination fees etc., of the students. The budget in respect of these allowances at the rate of running pay scale has already been allocated/sanctioned, therefore, the respondent/Board has sufficient funds to grant these allowances at the rate of running pay scale in accordance with afore-mentioned letter of the Finance Department. It is settled law that financial benefit once granted could not be withdrawn or suspended until and unless some extraordinary circumstances happen which are missing in this case.
6. For what has been discussed above, this writ petition is accepted as a result whereof order of respondent No. 1 dated 18.08.2011 to the extent of freezing Medical Allowance and House Rem is declared illegal and without lawful authority. The employees of respondent/Board are entitled to receive Medical Allowance and House Rent in accordance with their running pay scales. .