IN THE SUPREME COURT OF PAKISTAN 
 
(Appellate Jurisdiction) 
 
 
PRESENT: 
MR. JUSTICE MIAN SAQIB NISAR, HCJ 
MR. JUSTICE UMAR ATA BANDIAL 
MR. JUSTICE IJAZ UL AHSAN  
 
 
Civil Petitions No.3451 to 3464 of 2017  
AND 
Civil Petitions No.3473 to 3651 of 2017 
Against order dated 17.07.2017 of Federal Service 
Tribunal, Islamabad, passed in Miscellaneous Petitions 
No.2630 to 2715 of 2016, etc. 
 
Wapda through its Chairman & others  
 
 
Petitioners  
 
 
 
 
VERSUS 
Raja Iftikhar Ahmed & others   
 
 
 
Respondents 
 
 
 
 
For the Petitioner(s) 
:  
Mr. Umar Aslam Khan, ASC 
 
 
Ch. Akhtar Ali, AOR 
 
 
Ahmed Bakhsh Tarar, DG (Law), Wapda 
 
For the Respondent(s) : 
N.R. 
 
Date of Hearing 
 
: 
15.12.2017 
 
ORDER 
  
 
 
IJAZ UL AHSAN, J-. Through this single order, we 
propose to decide the titled Civil Petitions which raise common 
questions of law and facts.  
 
2. 
 
The petitioners, who are functionaries of the State, seek 
leave to appeal against an order dated 17.07.2017 passed by the 
Federal Service Tribunal, Islamabad. Through this order, various 
Miscellaneous Petitions filed by the Respondents, seeking 
implementation of judgments/orders of the Service Tribunal have 
been allowed. The petitioners have been directed to implement the 
said judgments/orders in letter and spirit within one month, failing 
which coercive measures have been directed to be taken against 
them under the relevant provisions of law.  
Civil Petitions No.3451 to 3464 of 2017  
AND 
Civil Petitions No.3473 to 3651 of 2017 
 
2  
3. 
 
The issue in the matter pertains to generation 
allowance, which had been allowed to generation staff of Tarbela 
Power Plant. Other employees of the Plant having been denied such 
allowance filed representations before the competent authority for 
grant of such allowance. These were dismissed. Therefore, they 
approached the Service Tribunal by way of appeals which were 
allowed on 22.03.1997. The petitioners challenged the order of the 
Service Tribunal before this Court through Civil Petitions No.840 to 
844 of 1997 which were dismissed, vide order dated 10.10.1997. 
Subsequently, some other employees, 255 in number, also claimed 
the same benefits granted to other similarly placed employees. 
However, having been denied the same by the competent 
authorities their matters also ended up before the Service Tribunal 
which allowed their appeals on 22.10.2009. Undeterred by the 
dismissal of their earlier Civil Petitions before this Court, the 
petitioners again filed Civil Petitions No.2281 to 2534 of 2009. These 
too were dismissed by this Court on 12.10.2010. 
 
4. 
 
Surprisingly enough, despite having lost all their 
challenges, the petitioners did not implement the judgments of the 
Service Tribunal and this Court. The employees were therefore 
constrained to seek implementation by filing Miscellaneous Petitions 
(MPs) before the Service Tribunal which were allowed vide order 
dated 31.03.2015. In an obvious effort to drag the litigation further, 
the petitioners yet again filed appeals before this Court, which were 
dismissed vide order dated 05.10.2015. Review Petitions filed 
against the said orders too met the same fate, vide order dated 
24.02.2016. 
 
Civil Petitions No.3451 to 3464 of 2017  
AND 
Civil Petitions No.3473 to 3651 of 2017 
 
3  
5. 
 
Having exhausted all remedies before all fora, the 
petitioners passed an order to implement the judgment with effect 
from 31.03.2015. This was a clear violation of the orders dated 
22.03.1997 and 22.10.2009 passed by the Service Tribunal and 
upheld by this Court. The hapless employees were again 
constrained to approach the Service Tribunal through MPs pleading/ 
imploring for implementation of the judgments of the highest fora of 
the country. Vide impugned order dated 17.07.2017, the MPs were 
allowed in the following terms:- 
“They tried their level best upto the level of Hon’ble Apex Court 
but miserably failed at every forum. Now, after exhausting all the 
fora/remedies, they are bound to implant the judgments/orders in 
its true perspective and make payment of generation allowance 
and extend other facilities allowed to General employees like 
revised free electricity units and overtime allowance, etc to the 
petitioners/appellants from the date of their initial appointment. 
The respondents are given one month more time to implement the 
judgments/order in letter and spirit, failing which coercive 
measures shall be taken against them under the relevant 
provisions of law/rules.” 
 
6. 
 
The learned counsel for the petitioners has argued that 
the impugned order of the Service Tribunal is legally and factually 
untenable. He maintains that the Service Tribunal has failed to 
appreciate the underlying philosophy, object and purpose behind the 
policy regarding grant of generation allowance by Wapda. He further 
maintains that the Service Tribunal has erred in law by interfering 
with the policy making domain of the Executive which is beyond the 
scope of its jurisdictional parameters. He has pointed out that 
generation allowance was only admissible to technical employees of 
the Power Stations who may be actually engaged in generation 
duties and not to others. 
 
Civil Petitions No.3451 to 3464 of 2017  
AND 
Civil Petitions No.3473 to 3651 of 2017 
 
4  
7. 
 
We have heard the learned counsel for the petitioners 
and gone through the record. We find that all points raised by the 
learned counsel for the petitioners have repeatedly been considered, 
addressed and rejected by the Service Tribunal as well as this Court.  
The same cannot be re-agitated and reopened for the umpteenth 
time and the attempt on the part of the petitioners to do so reeks of 
mala fide. It constitutes denial of the fruits of justice and gross abuse 
of the process of this Court. We are disappointed, shocked and 
perturbed by the conduct of the State functionaries, who have 
blatantly violated and consciously refused to implement the 
judgments of the Service Tribunal as well as this Court with impunity. 
Such conduct must be deprecated in the strongest terms. It is the 
command of the Constitution that all executive and judicial 
authorities throughout Pakistan are bound to act in aid of this Court. 
Any failure to heed and implement this command cannot be taken 
lightly. Such conduct threatens to strike the very foundation of 
constitutionalism, rule of law and administration of justice. We were 
minded to take more stringent action but have opted to exercise 
judicial restraint.   
 
8. 
 
Therefore, while dismissing these petitions and refusing 
leave to appeal, we impose special cost of Rs.50,000/- on Chairman, 
Wapda in his personal capacity. The said amount shall be paid out 
of his own pocket and deposited with Fatimid Foundation under 
intimation to the Registrar of this Court alongwith its receipt issued 
by the said Foundation. In view of the fact that the time of one month 
granted by the Service Tribunal has already expired, the petitioners 
shall forthwith implement the orders in letter and spirit and submit a 
report within 07 days of the date of receipt of this order with the 
Civil Petitions No.3451 to 3464 of 2017  
AND 
Civil Petitions No.3473 to 3651 of 2017 
 
5  
Registrar of this Court. The office is directed to transmit a copy of 
this Court to Chairman, Wapda immediately.   
CHIEF JUSTICE 
 
 
 
 
 
 
 
 
 
 
 
 
JUDGE 
 
 
 
 
 
 
 
 
 
 
 
 
JUDGE 
ISLAMABAD, THE  
15th of December, 2017. 
ZR/* 
NOT APPROVED FOR REPORTING  
 
 
 
