AFTAB AHMED (MEMBER).---These five appeals involve common questions of law and facts and therefore are proposed to be disposed of by this single judgment.
2. All the five appellants are employees of WAPDA and are presently working in Power House at Tarbela in different capacities. Naeem Akhtar is A.C. Supervisor, Habib-ur-Rehman is Lift Attendant, Wazir Sultan is Upholster, Abdul Ghafoor is Crane Slinger and Mardana Khan is Rigger. An allowance called Generation Allowance is being paid to the employees working in the Power House. All the five appellants too were drawing this allowance ever since their appointments in the Power House. Originally they were being paid the allowance at the rate of 40% of the pay but later it was increased to 45%. In 1992 there had been some audit objection that since the appellants were not included in the generation cadre formed by the Authority vide office order, dated 16th June, 1977, they were not entitled to the allowance and in pursuance to this objection, the enhanced allowance drawing by them was decided to be recovered to the extent of 10% of their pay but despite this audit objection the appellants continued to be paid the allowance till June, 1996 when by office orders dated 5-6-1996 and 26-5-1996 the payment of the allowance to the appellants was stopped. Feeling aggrieved by the departmental action the appellants filed representations and having received no reply thereto filed the present appeals before the Tribunal after the expiry of statutory waiting period.
3. Arguing the appeals, Mr. F.E. Siddiqui, Advocate submitted that as per policy document of the Authority dated 10-1-1976 the Generation Allowance is payable to the technical employees of the Power Stations who may be actually engaged on generation duties. Thereafter, it appears that a generation cadre was formed by the Authority vide office order, dated 16th June, 1977 wherein Engineers (Excluding Civil Engineers) and numerous other technical staff working within the Power House were included. It was argued that this cadre included amongst other Painters (all Kinds), Baildars etc but did not include the A.C. Supervisor, Upholster, Crane Slinger and Rigger. As such the appellants had deprived of the privilege allowance on the ground that they do not include in the generation cadre, and therefore, were not entitled to it. Justifying the claim of the appellants, learned counsel submitted that every employee working within the Power House and who was very much concerned with the process of generation and was on the strength of Power House, was entitled to the allowance without any discrimination between different trade categories of employees. It was said that the appellant Naeem Akhtar was previously getting this allowance as Fitter--one of the category included in the generation cadre but was deprived of the allowance on promotion as A.C. Supervisor. Mr. Siddiqui, Advocate submitted that all the Instrument Supervisors falling at serial No,9 of the technical staff of the generation cadre were entitled to the generation allowance. The appellant Naeem Akhtar who was also Supervisor of A.C. Instruments was, thus, very much entitled to the allowance as Instrument supervisor in accordance with Authority's own office order, dated 16th June, 1977 and it was this reason that the General Manager/Project Director Hydel Power Development Project Tarbela in his letter dated 18-7-1996 recommended that the payment of the allowance to A.C. Supervisor be restored.
4. Arguing the case of Habib-ur-Rehman, Lift Attendant, it was submitted that as per Serial No,37 of technical staff mentioned in office order, dated 16th June, 1977, "Attendants" of all grade were included in Generation Cadre and that the appellant also being an Attendant no matter working in Lift was included in the definition of Attendants and as such was entitled to the allowance and the discrimination drawn between Lift Attendants and other Attendants was absolutely illegal and unfair.
5. As to the case of Wazir Sultan, Upholster it was pleaded that Upholster was very much connected with the process of generation as his job included preparation of masks, covers etc. for technical staff working in the installation of Power Houses and also provided substantial help during the repair/maintenance of machines in the Power House like cutting of insulation papers etc. It was added that his case for the purpose of Generation Allowance was on better footing than the case of Carpenters and Painters included in the generation cadre. For the cases of M.S. Abdul Ghafoor, Crane Slinger and Mardana Khan, Rigger, it was submitted that the two appellants belonged to technical category and were directly connected with generation and without their help, the maintenance repair, assembling, dismantling of generation turbines and all other auxiliaries could not be carried out and it was perhaps due to these reasons that the General Manager Incharge of the Project strongly recommended restoration of the allowance to these two employees as per his letter dated 18-7-1996.
6. Summing up his argument, Mr. F.E. Siddiqui, Advocate submitted that these appellants were drawing Generation Allowance eversince their appointments made somewhere in May, 1978. The allowance was enhanced in 1980 and on audit objection that they were not entitled to the allowance, the allowance was not stopped but only certain percentage of the enhanced allowance was decided to be recovered meaning thereby that the Authority at least was not inclined to stop the original 40% allowance being drawn by them. Therefore, the stoppage of the allowance now in 1996 was not only illegal but also unjust and discriminatory and required to be restored.
7. Defending the case of the Authority, Syed Kazim Hussain Kazmi, Advocate submitted that since the appellants did not include in the generation cadre formed in 1977, the allowance which was being paid to them inadvertently was stopped. It was said that it was a rectification of an irregularity and the Authority was competent to pass such order in exercise of powers under section 21 of the General Clauses Act.
8. We have given serious thought to the arguments of both the parties and also examined the papers. All the Instrument Supervisors have been sanctioned the allowance. The appellant Naeem Akhtar is admittedly a Supervisor and looking after the air-conditioner plant and other relating instruments and as per serial No,9 of office order, dated 16 June, 1977 all Instrument Supervisors are included in the Generation Cadre. It is not understood why Supervisors of A.C. Instrument should be deprived of the allowance when all other Instrument Supervisors are being paid this allowance. Is the air-conditioner plant or other machinery connected with the air-conditioning, not an instrument?. It was also admitted during the arguments that A.C. Mechanics were being paid this allowance. So, when A.C. Mechanic is paid why not his Supervisor.
9. Similarly we find that the Attendants of all grades are included in the generation cadre and are being paid the allowance. Mr. Habib-ur-Rehman is admittedly an Attendant like other Attendants but is working on Lift. He has been deprived of the allowance simply because the words "Lift" have been added with his designation to make it "Lift Attendant". We fail to understand that this jugglery of words can deprive the appellant of the allowance. He is an "Attendant" for all purposes and as per Serial No,37 of the list is entitled to the allowance---no matter whether he is performing duty on the Lift or elsewhere but within the Power house. For the other three appellants M/s. Wazir Sultan, Upholster, Abdul Ghafoor, Crane Slinger and Mardana Khan, Rigger, the Managing Director Incharge of the Project has given sufficient justification in his recommendatory letter addressed to the Managing Director Finance and we agree with him that these three categories of the employees are directly connected with generation and as such are entitled to the allowance sanctioned by the Authority. The appellants were being paid Generation Allowance ever since their appointments made somewhere in 1978. In 1992 the audit had objected to the payment of the allowance to these officials on the ground of their non-inclusion in the generation cadre but the fact that the Authority continued to make payment of the allowance to them still for more than four years shows that the appellants were considered to be technical staff connected with the generation and as such are entitled to draw the allowance as per guidelines of the Authority contained in office order dated 10-1-1976. The generation cadre was formed in 1977. The concerned officials probably failed to properly appreciate the duties of the categories to which the appellants belong while forming the cadre as they included Painters, Carpenters and even Baildars probably because they actually worked in the Power House but had remote concern with the actual generation. Besides, it is pertinent to note that the 0.M., dated 16th June, 1977 where under generation cadre was formed did not mean that only the categories falling within the generation cadre will be entitled to the Generation Allowance. The Generation Allowance is to be paid in accordance with the policy contained in office order dated 10-1-1976 i,e, to all those technical employees of the Power Station who may be actually engaged on generation duties directly or indirectly.
10. For the reasons discussed, we are of the considered view that the categories to which the appellants belong are equally playing vital role in the generation and their exclusion from the office order, dated 16th June, 1977 is not only illogical and discriminately but also a source of deprivation and A frustration amongst different categories. We, therefore, accept all the five appeals, set aside the impugned orders dated 26-5-1996 and 5-6-1996 and direct the respondent Authority to restore the Generation Allowance to the appellants from the date it was stopped. No order as to costs.
Parties be informed. revisions by the competent authorities. Therefore, it is advisable to consult the official sources or legal professionals for the most up-to-date and accurate information.