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1994 SCMR 500

ASHIQ ALI and 1:3 others vs SECRETARY FINANCE, GOVERENMENT OF THE

Citation1994 SCMR 500
CourtSupreme Court of Pakistan
Case No.Criminal Original No, 48 of 1991
Date1993-11-28
Judge(s)Fazal Ilahi Khan, Nasim Hasan Shah, Manzoor Hussain Sial
ResultNotice discharged.

ORDER

' NASIM HASAN SHAH, CJ. ---In pursuance of the order of this Court dated 21-11-1993 the Secretary, Finance; Government of Punjab has appeared before us in person. He was called upon to explain why the petitioners had not been paid, despite the orders of the Court passed in Civil Appeals Nos.253 to 256 of 1987 dated 11-12-1988 and Civil Review Petitions Nos.24-R to 27-R of 1989 dated 8- 10-1989 the arrears of Special Research Allowance from 1-1-1985 to 30-6-1987. The explanation he gave for the default was not very intelligible. Anyhow he clearly stated before the Court that the Government would pay the petitioners' arrears of Special Research Allowance for the period from 1- 1-1985 to 30-6-1987. An apprehension, however, was expressed that as a result of the orders of the Court Officers similarly situated as the petitioners may also claim Special Research Allowance and the burden, on this account, on the Government exchequer will be very heavy.

2. This apprehension proceeds on a misconception. In fact in our order dated 8-10-1989 we had already clarified the position on this aspect of the matter by observing: "The judgments of the Courts bind only the parties to the litigation. Hence all these officers who had challenged the interpretation of the Finance Department by filing one appeal before the Service Tribunal can alone benefit from the judgment of the Tribunal or the judgment, of this Court passed in Civil Appeals Nos.253 to 256 of 1987 and none else, unless the Government out of its own benevolence wishes to extend its benefit to them."

3. In view of the categorical statement made before the Court by the Secretary, Finance Department that the arrears of Special Research Allowance will be paid to the petitioners, it is not necessary to continue with these proceedings and this notice of contempt stands discharged.

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