JUSTICE (R.) QAISER. IQBAL, 'CHAIRPERSON --This appeal under Section 4 of the Sindh Service Tribunals Act, 1973 has been preferred for implementation of order bearing No, FD(SR -III)5/29- 2002(part-file), dated 01.09.2015.
2. Succinctly , the facts leading to the case are that the appellant was an employee of Auqaf Department, Government of Sindh. He was appointed in the year 1983 and promoted as District Khateeb in Basic Pay Scale 15 from 2009. He was granted Ph.D. allowance at the rate of Rs, 1500/- per month being Ph.D. in Islamic Culture with effect from 01.08.1992. The said allow ance was enhanced to Rs, 5000/- per month on 29.05.2008, further enhanced to Rs, 10,000/- from 01.09. 2005, such benefit was not extended to the appellant despite the representations submitted to Chief Administrator Auqaf, Government of Sindh, hence this appeal with the following prayer:--- "(A) To Direct the respondents to implement Order dated 01.09.2015 and extend benefit of Ph.D. Allowance at the rate of Rs, 10000/- per month and pay all arrears as per entitlement before retirement date 30.06.2017.
(B) Cost of grave injustice be paid to the Appellant.
(C) Any other relief(s) that this Honourable T ribunal may deem fit and proper in the circumstances of the case."
3. The respondent Nos, I & 3 were proceeded ex parte, since did rot file written statements.
4. On behalf of respondent No, 2, Additional Finance Secretary (SR/Admn) Finance Department in the written statement admitted that Ph.D. allowance and Special Science and Technology Allowance were admissible with effect from 1st October , 2011, Finance Department allowed Ph.D. allowance at Rs, 10,000/- per month instead of Rs, 2,250/- to the employees of Sindh Government irrespective of place of posting or job assigned to the civil servants.
5. Syed Ansar Hussain Zaidi, learned counsel for the appellant has contended that despite the notification dated 01.09.2015, the benefit was not extended to the appellant though in paras 02 & 03 of order dated 01.09.2015, it was clarified that the Ph.D. allowance shall not be linked with the category of subjects and will be admissible irrespective of place of posting or job assigned to the person concerned. The modif ied order referred above has not yet been implemented. The appellant has been deprived of benefits as his retirement is due on 30.06.2017.
6. Mr. Asif Hussain Mangi, learned Addl. Advocate General Sindh has not rebutted the arguments advanced by the learned counsel for the appellant in view of the admission in the written statement by the respondent No, 2.
7. We have carefully considered the arguments advanced at Bar. The notification dated 19.10.201 1 of Finance Department is reproduced herein below:--- "FD(SR-II1) 5-29/2002 GOVERNMENT OF SINDH FINANCE DEP ARTMENT Karachi, dated the 19th October , 201 1 From: Secretary to Government of Sindh, To (1) The Chief Secretary Sindh, Karachi.
(2) The Additional Chief Secretary to Government of Sindh (All)
(3) The Senior Member , Board of Revenue, Sindh.
(4) The Administrative Secretary to Government of Sindh (All).
(5) The Members, Board of Revenue, Sindh (All).
(6) The Principal Secretary to Governor , Sindh, Karachi.
(7) The Principal Secretary to Chief Minister , Sindh, Karachi.
(8) The Secretary to Provincial Assembly , Sindh, Karachi.
(9) The Heads of attached Departments, Sindh (All)
(10) The District Coordination Officers in Sindh (All).
(11) The Regional Heads of Department, Sindh.
(12) The District & Sessions Judges, Sindh (All)
(13) The Registrar , High Court of Sindh, Karachi.
(14) The Registrar , Sindh Public Service Commission, Hyderabad.
(15) The Secretary , Provincial Ombudsman (Mohtasib) Secretariat, Sindh.
(16) The Registrar , Sindh Service T ribunal, Karachi.
(17) The Deputy Secretary (Staff) to Chief Secretary , Sindh, Karachi.
SUBJECT :- REVISION OF RATE OF PH.D. ALLOW ANCE AND SPECIAL SCIENCE & TECHNOLOGY - ALLOW ANCE.
I am directed to refer to this Departme nt's Circular of . even number dated 22.09.2010 and in pursuance of Government of Pakistan Finance Division (Regulation Wing), Islamabad Office Memorandum No, F. 1(9)Imp/2000- 543, dated 09.08.201 1. the Government of Sindh is pleased to revise the rates of Ph.D. Allowance and Special Science and Technology Allowance w .e.f. 1st October 201 1 as under:--- Name of Allowance Existing Rate Revised Rate @ 50% increase Special Science & T echnology AllowanceRs, 5000/- p.m. Rs, 7500/- p.m.
Ph.D. Allowance Rs, 1500/- p.m. Rs, 2250/- p.m.
2. Other terms & conditions as mentioned in this department circular of even number dated 29.05.2009 and 22.09.2010 will remain un-changed.
(Muhammad Abid Qureshi)
Additional Finance Secretary (SR/Admn) For Secretary to Government of Sindh....."
8. The above notification has been modified by Deputy Secretary (SR-I/Admn) For Secretary to Government of Sindh on 1st September , 2015 which is reproduced herein below:-- "FD(SR-III) 5-29/2002 (part file) GOVERNMENT OF SINDH FINANCE DEP ARTMENT Karachi, dated the 1st September , 2015 To
(1) The Chief Secretary to Government of Sindh
(2) The Additional Chief Secretaries to Government of Sindh.
(3) The Senior Member , Board of Revenue, Sindh.
(4) All Administrative Secretaries to Government of Sindh.
(5) All Members, Board of Revenue, Sindh.
(6) The Principal Secretary to Chief Minister Sindh.
(7) The Principal Secretary to Governor Sindh.
(8) The Secretary to Provincial Assembly Sindh.
(9) All Heads of Attached Departments, Sindh.
(10) All Regional heads of Departments, Sindh.
(11) All District & Sessions Judges, Sindh.
(12) The Registrar , High Court of Sindh
(13) The Registrar , Sindh Services T ribunal, Karachi.
(14) The Secretary , Sindh Public Service Commission, Hyderabad.
(15) The Secretary , Provincial Ombudsman Secretariat, Sindh, Karachi.
(16) The Registrar , Sindh Service T ribunal, Karachi.
(17) The Deputy Secretary (Staff) to Chief Secretary , Sindh, Karachi.
SUBJECT : GRANT OF SPECIAL SCIENCE & TECHNOLOGY ALLOW ANCE/PH.D. ALLOW ANCE .
With the approval of the Competent Authority (i,e, Chief Minister Sindh), Government of Sindh is pleased to decide that Special Science & Technology Allowance has been discontinued and henceforth all the Ph.D./D.Sc. Degree holders will be allowed Ph.D./D.Sc. Allowance @ Rs.10.000/- per month instead of Ph.D. Allowances @ Rs.
2,250/- or SS&T Allowance @ Rs. 7,500/- per month.
2. It has also been decided that, hencef orth, the Ph.D./D.Sc. Allowance shall not be linked with the category of subjects and will be admissible irrespective of place of posting or job assigned to the person concerned . However , it will not be admissible for more than one subject All the orders regarding Special Science & Technology Allowance and Ph.D./D.S c. Allowance, issued earlier by Government of Sindh, shall stand modified to the extend indicated above.
Sd/- (SHAKEEL AHMED)
Deputy Secretary (SR-I/Admn.)
For Secretary to Government of Sindh"
9. On examination of the above notifications and perusal of the record of the case, we are of the view that the question of payments of Ph.D. allowance stood resolved from 1st September , 2015, whereby the appellant was entitled to benefit of Ph.D. allowance @ Rs.10,000/- per month with ef fect from 01.09.2015 till 30th June, 2017.
10. For the foregoing reasons, appeal is allowed in terms of prayer with no order as to costs.