' AJMAL MIAN, J.---This is an appeal with the leave of this Court against the order dated 6-11-1992 passed by a learned Single Judge of the Lahore High Court upon C.MA.No,1 of 1991 filed by the respondents (who are 174 in number) in Writ Petition No,9089 of 1991 granting the same in the following terms: "In view of the above, it is directed that during pendency of the writ petition, the petitioners shall also be entitled to the aforesaid allowance w.e.f, 1-7-1988 in terms of notifications dated 8-8-1988 of the Punjab Government and notification dated 1-7-1988 of the Federal Government."
2. The brief facts are that the Federal Government through Ministry of Finance Office Memorandum No,1(32)-IMP-II/88 dated the Ist July 1988 and U.O. No,P-1(38)IMP-II/88 (Pt) dated the 24th November, 1988 and Ministry of Information and Broadcasting U.O.No,10/8/JS dated 3-7-1988 allowed 20% of the basic pay as "Secretariat Allowance" or "Special Allowance" to all the Federal Employees in the Federal Secretariat, President's Secretariat, Prime Minister's Secretariat, National Assembly Secretariat, Senate Secretariat, the Central Board of Revenue, the Election Commission, the Pakistan Television Corporation and the Pakistan Broadcasting Corporation.
' It seems that the Government of Punjab through a notification dated 8-8-1988 also allowed the above Secretariat Allowance @ 20% of basic pay to all the employees working in the Punjab Government Secretariat, Governor's Secretariat, Chief Minister's Secretariat and Punjab Provincial Assembly Secretariat. It appears that the employees of the Lahore High Court also claimed benefit of the above notification of the Government of Punjab but as the same was not granted to them, they filed Writ Petition No,1624 of 1989, which was allowed by a learned Single Judge of the Lahore High Court through his judgment dated 7-11-1989 Intra-Court Appeal No,1 of 1989 filed by the Government of Punjab against the above judgment was dismissed by a Division Bench on 5-5- 1991. Thereupon, the Government of Punjab filed a petition for leave to appeal (C.P.S.LA. No,119 of 1991) in this Court, which was granted on 27-5-1991. However, the application for suspension of the above judgment dated 7-11-1989 filed by the Government of Punjab was declined inter alia for the following reasons: "We are of the view that since the allowance is to meet the rising cost of living the respondents may not be denied the same during the pendency of the appeal. If the appeal succeeds payments made can easily be recovered from the employees. On the other hand, if they are deprived thereof they would suffer irreparable loss. Therefore, we do not find that the balance of convenience is in favour of the petitioner. Hence, the application for suspension of the impugned orders is rejected."
3. It appears that the respondents on the basis of the above Federal Government notification dated 1-7-1988 claimed above 20% Secretariat Allowance. Thereupon, the matter was placed before the learned Chief Justice, Federal Shariat Court in the form of a summary and it was proposed that the above Secretariat Allowance be granted to the staff attached to the Federal Shariat Court, which was approved by the learned Chief Justice by his order dated 13-7-1988. In this connection, it may be pertinent to reproduce the above summary and the order passed thereon: "FEDERAL SHARIAT COURT.
' Subject: Grant of Secretariat Allowance to the Employees working in the Federal Shariat Court.
' Under Finance Division O.M.No,F.3(32) Imp.II/88 dated Ist July 1988, on the subject cited above, the President has been pleased to decide that Secretariat Allowance @ 20% of basic pay to all Federal Government employees shall be granted with effect from 1st July, 1988. On a reference by this office in connection with the ungradation of the posts of Private Secretaries in this Court, it has been stated by the Establishment Division in their O.M. No,9/2/74-F.II(R.6) Pt. Dated the 9th June, 1986 "that in terms of rules 5 and 6 of the Federal Shariat Court (Terms and Conditions of Service of Staff) Rules, 1982, the Chief Justice of the Federal Shariat Court is competent to extend orders contained in the Establishment Division's O.M. Dated 18th March 1986, to the Private Secretaries working in the Federal Shariat Court in consultation with the Finance Division.
' In this connection reference is made to the provision of rule 5 of the Federal Shariat Court (Terms and Conditions of Service of Staff) Rules, 1982, which lays down that "the rules and orders for the time being in force and applicable to civil servants of corresponding grades in service of the Federal Government shall regulate the terms and conditions of service of persons on the staff attached to the Federal Shariat Court." It has further been provided that "the powers exercisable under the said rules and orders of the President for the time being, shall be exercisable by the Chief Justice of the Federal Shariat Court". This provision appears to be absolute conferring unfettered powers on Hon. CJ and no consultation with the Finance Division is comtemplated herein.
' Accordingly, the Secretariat Allowance @ 20% of Basic Pay granted by the President to all Federal Government employees in the Federal Secretariat, President's Secretariat, Prime Minister's Secretariat, National Assembly Secretariat, Senate Secretariat and in the Central Board of Revenue may be made applicable to the staff attached to the Federal Shariat Court.
' Submitted for orders.
(Sd.)
12-7-1988.
Hon. CJ Yes as proposed.
11-13-74988.
' That since in spite of the above order of the learned Chief Justice of the Federal Shariat Court, the respondents were not paid the above Secretariat Allowance, they filed above writ petition in the Lahore High Court on or about 9-9-1991. Alongwith the petition, they filed above C.MA. No,1 of 1991 claiming interlocutory relief which was allowed through the order appealed against. Against the above order, the Federal Government filed a petition for leave to appeal which was granted for the reason that leave was already granted in similar other cases involving the same question of law.
4. In support of the 'above appeal, MrA.R. Sheikh learned Senior ASC appearing for the appellant has urged that the learned Judge in Chamber was not justified in granting the above interim relief as it amounted to granting of writ petition before its adjudication. His further submission was that even otherwise on merits, the respondents were not entitled to the above Secretariat Allowance.
' On the other hand, Mr. K.MA. Samdani learned Senior ASC appearing alongwith Mr. Dilawar Mahmood ASC, has contended that the order under appeal is just and proper and is founded on the order of this Court refusing to suspend the judgment of the learned Judge in Chamber rendered in Writ Petition No,1624 of 1989 in the case of employees of the Lahore High Court supra reported in 1990 CLC 136 (Mubarak Ali Khan and 7 others v. Government of the Punjab). His further submission was that on merits, the respondents have very strong case.
5. It may be pertinent to refer to rules 5 and 6 of the Federal Shariat Court (Terms and Conditions of Service of Staff) Rules, 1982 gazetted on 18th August, 1982, hereinafter referred to as 'Rules' which read as follows: "Rule 5: Subject to any special provisions contained in these rules, the rules and orders for the time being in force and applicable to civil servants of corresponding grades in the service of the Federal Government shall regulate the terms and conditions of service of persons on the staff attached to the Federal Shariat Court: ' Provided that the powers exercisbale under the said rules and orders by the President, or by any authority subordinate to the President, shall be exercisable by the Chief Justice of the Federal Shariat Court or by such person as he may, by general or special order direct.
Rule 6. Any question arising as to which rules or orders are applicable to the case of any person serving on the staff attached to the Federal Shariat Court shall be decided by the Chief Justice."
A perusal of the above-quoted rule 5 shows that the employees of the Federal Shariat Court subject to any special provision contained in the rules are subject to the rules and orders for the time being in force applicable to the civil servants in corresponding grades in the service of Federal Government, in respect of their terms and conditions. It is also evident that under the proviso to the above rule 5 the powers which are exercisable by the President under the relevant rules and orders in respect of civil servants are exercisable by the Chief Justice of the Federal Shariat Court in relation to the staff of the Federal Shariat Court.
It may also be noticed that under rule 6 of the rules, it has been provided that if any question arises as to which rules or orders are applicable to the case of any person serving on the staff attached to the Federal Shariat Court, the same shall be decided by the Chief Justice.
6. We may observe that the approval granted by the learned Chief Justice, Federal Shariat Court to the proposal contained in the above-quoted summary, was accorded pursuant to the powers conferred under above rules 5 and 6 and, therefore, prima facie the competent authority had decided that the respondents were entitled to the above Secretariat Allowance.
Adverting to the submission of Mr. A. R. Sheikh learned Senior ASC for the appellant that the learned Judge in Chamber by granting the impugned interim relief, in fact granted the writ petition before its disposal, it may be observed that it is true that generally a Court cannot grant an interim relief which a party may be entitled to upon final adjudication, of the case. But in a fit case, the Court may grant an interim relief of the above nature if dictates of I justice so demand. In the present case, keeping in view, the above rules 5 and 6 C of the rules, prima facie, it appears that the learned chief Justice of the Federal Shariat Court who was exercising the power of the President granted the above Secretariat Allowance to the respondents. In this view of the matter prima facie, the appellant could not have questioned the grant of the above benefit to the respondents or to have denied the payment, of the same on the ,ground that the respondents were not entitled to it.
In the above factual background, the learned Judge in Chamber, therefore, could pass the order appealed against as the reasons which found favour with this Court while refusing to suspend the judgment of the learned Single Judge dated 7-11-1989 in the case of employees of the Lahore High Court, at the time of granting leave to appeal in aforesaid C.P.S.L.A. No,119 of 1991 quoted hereinabove in para. (2), were very much present in the instant case. We feel that the impugned order is just and proper and, therefore, we are not inclined to interfere with the same. Hence the appeal is dismissed, but there will be no order as to costs.
' Before parting with the above discussion, we may observe that the observations contained hereinabove are of tentative nature and, therefore, they are to be ignored while deciding the writ petition which is still pending before the High Court.