RAJA SAEED AKRAM KHAN, J. -- The titled appeal by -leave of 3lie Cour t has been filed against the judgment of the Service Tribunal dated 05.07.2018, whereby the appeal filed by the appellants, herein. has been dismissed.
2. The facts as emerged from this appea l are that the appellants. herein, challenged the letter dated 24.04.2017, issued by the Finance Department and the order dated 16.08.2017, issued by the Secretary Sericulture Department, by way of appeal before the Service Tribunal. The claim of the appell ants was that they are 1st Class State Subjects of Azad Jammu and Kashmir , presently serving as Entomologist Sericulture (B-15), Deputy Director Sericulture (B-18) and Development Officer Sericulture (B-16), respectively and they are highly qualified, having qualification of-M.Sc. (Hons.), equal to M.Phil. The Government of Azad Jamm u and Kashmir vide notification dated 12.07.2016, extended the facility of the special allowance at the rate of 50% of Ph.D. allowance per -month to all Government servants who possessed the M.Phil. Degree. The Finance Department through a letter dated 26.04.2017 Without any justification refused to sanction the grant of special allowance in favour of the appellants on the ground that they are not possessed the M.Phil. Degree and in the light of the said letter the departmental authority has also illegally issued the order dated 16.08.2017, through which the order of grant of special allowance in favour of the appellants has been kept in abeyance. They prayed for setting aside the aforesaid letter as well as order of the departmental authority . After necessary proceedings, the learned Service Tribunal through the impugned judgment dated 05.07.2018, dismissed the appeal, hence, this appeal by leave of the Court.
3. Sardar Abdul Sammie Khan, Advocate the learned counsel for the appella nts argued that the impugned judgment is against law and the facts of the case which is not sustainable in the eye of law. He submitted that the appellants are the holders of degree of M.Sc. (Hons) which is equivalent to the M.Phil. degree; the employees of the different departments including the employees of Azad Jammu and Kashmir University , who possess the same degree, are receiving M.Phil. allowance at the rate of Rs. 5000/ per month. Moreover , the employees, serving under the control of Government of Punjab, having degree of M.Sc. (Hons.) are also receiving M Phil. allowance.
Thus, on the basis of principle of parity with Punjab as well as equality before law the appellants are also entitled to get the M.Phil. allowance. He added that the refusal of grant of M.Phil. allowance to the appellants amounts to discrimination and deprive the appellants of vested legal right which is not warranted under law .
4. On the other hand, Sardar Karam Dad Khan, the learned Advocate-General, while appearing on behalf of the respondents strongly controverted the arguments advanced by the learned counsel for the appellants. He submitted that the impugned judgment is perfect and legal which is not open for interference by this Court. The learned Advocate-General while referring to the notification dated 12.07.2016, on the strength of which the .appellants are claiming the special allow ance, submitted that it is very much clear from the notification that the special allowance is admissible only to the employees who possess/acquire the M.Phil. degree from the recognized Universities of Higher Education Commission (H.E.C.). He added that as the appellants are possessed the degree of M.Sc. (Hons.), thus, they are not entitled to the M.Phil. allowance. While referring to the office memorandum dated 04.01.2017, issued by the Finance Division, Government of Pakistan and letter dated 26.04.2017, issued by the Finance Department Azad Jammu and Kashmir he submitted that it has been clarified in the referred documents that only the employees who' acquires/possesses the degree of M.Phil. will be allowed M.Phil. allowance and the other degree qualification, whether having an H.E.C., equivalence or not is not admissible for the allowance: Thus, in such state of affairs, the claim of the appellants is baseless and this appeal is liable to be dismissed.
5. We have heard the arguments and gone through the record made available. 'The appellants are claiming the M.Phil. allowance on the strength of notification dated 12.07:2016. The version of the appellants is that they possess the degree of M.Sc. (Flons.) which is equivalent to M.Phil therefore, they are also entitled to get the special allowance. As the claim of the appellants is based on notification dated 12.07.2016, therefore, it will be useful to reproduce here the relevant portion of the which reads as under:- "No, FD/R/1 1114-11214/2016. The President Azad Jammu & Kashmir has been pleased to extend the facility of Special Allowance @ 50% of Ph.D. Allowance per month w.e.f. 01.07.2016, already granted - to college teachers on possessing/acquiring- M.Phil . degree ride Notification No, FD/R/22306- 99/2012, dated 28-09-2012, to all Government servants across the board working under the administrative contr ol of Azad Govt. of the State of Jammu & Kashmir subject to the following conditions:-
(i) They possess/acquire the M.Phil. Degree from the recognized universities of Higher Education Commission.
The Special Allowance shall not be admissible for more than one subject.
The Special Allowance shall not be admissible to those who are already drawing advance increments on account of M.Phil. Degree."
After going through the notification (supra ), it is clear that only the employees who possess the degree of M.Phil. are entitled to get the special allowance at the rate of 50% of Ph.D. allowance. In respect of the employees having equivalent degrees the matter has been clarified by the Finance Department vide letter No, ED/R/6743-6842/2017, dated 26.04.2017. brought on record by the appellants, that other degree or qualification, whether having an H.E.C. equivalence or not is not admissible for the allowance. For better appreciation, the relevant portion of the said letter is also reproduced here which reads as under:-- "It is clarified that O.M. dated 12,07.2016 has explicitly defined that all those who acquire/possess the degree of M.Phil. will be allowed Special Allowanc e @ 50% of the existing amount of Ph.D. allowance. Other degree or qualification, whether having an H.E.C. equivalence or not, is not admissible for the allowance."
The Finance Division (Regulations Wing), Government of Pakistan also issue d the Office Memorandum on 04.01.2017, through which same Clarification has been made (as is made in the afore-reproduced letter). From the juxtapose perusal of both; notification dated 12.07.2016 and clarifications made by the Finance Department of Azad Jammu and Kashmir and Finance Division of the Government of Pakistan, no ambiguity is left behind that only the employee possessing the degree of M.Phil. arc entitled to receive the special allowance and not the ones who possess equivalent degree. It may be observed here that when the department/authority who issued the notification dated 12.07.2016, on which the appellants are heavily relying, has given the clarification in the above terms then any other interpretation of the same is not possible.
6. The learned counsel for the appellants also submitted that in view of the parity with Punjab the appellants are entitled to receive M.Phil. allowance as in different departments in Punjab the same is being given to the employees having the equivalent degree. It may be observed here that this Court in the case reported as Azad Government & 4 others v. Sardar Muhammad Mukhtar Khan [2016 SCR 206]; has held that in view of the provisions of Section 51 of the Interim Constitution Act, 1974, as well as Notification dated 20.05.2004, the principle of parity with Punjab is no more having the force of law, thus, the argument regarding the parity with Punjab is not available to the appellants. After examinin g the record we agree with the conclusion drawn by the learned Service Tribunal that due to issuance of letter dated 26.04.2017, through which the Finance Department clarified that only the holders of M.Phil. degree are entitled to receive M.Phil. allowance and the subsequent order dated 16.08.2017, whereby the order of grant of M.Phil allow ance to the appellants was kept in abeya nce, no terms and conditions of the service of the appellant have been infringed and they do not fall within the definition of an aggrieved person.
The appellants failed to point out any illegality in the impugned judgment hence, in our view, intrusion by this Court is not required.
Resultantly , this appeal being devoid of any force is hereby dismissed with no order as to costs.