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 APPEAL NOs. 1631 TO 2112 OF 2017,  
CIVIL APPEAL NOs.  216 OF 2016 AND CIVIL APEPAL NOs. 
806 TO 811 OF 2016. 
(On appeal form the judgments dated 18.7.2017,11.1.2016,05.10.2015 of the Federal Service Tribunal, 
Islamabad passed in Appeal Nos565 to 573,757 to 793,894-918,918-A,919-943,998-1005,1005-A,1006-
1045,1108-1179,1224-1243,1265-1325,2327-2350,2352-2368,2368-A,2369,2370,2372-2443,2446-
2449,2453,2451,2452,2450,2454-2484,2487-2501,2508-2520®CS/2016,867-872(R)CS/13,224(R)CS/15 
etc.) 
 
Federation of Pakistan through Secretary Capital Administration 
and Development Division,  
Islamabad etc. 
 
 
 
 
 …. Appellant(s)  
 
 
 
 
 
 
 
      (in all cases) 
VERSUS 
Nusrat Tahir etc.  
 
 
(in C.A.1631/2017) 
Miraj Gul etc. 
 
 
 
(in C.A.1632/17) 
Ejaz Ahmed and others  
 
(in C.A.1633/2017) 
Firdous Begum etc. 
 
 
(in C.A.1634/2017) 
Robina Qureshi etc. 
 
 
(in C.A.1635/17) 
Muhammad Arshad etc.  
 
(in C.A.1636/2017) 
Shahbaz Akhtar Khalid etc. 
 
(in C.A.1637/2017) 
Muhammad Touqeer Ikram etc. 
(in C.A.1638/2017) 
Aftagb Ahmed etc.   
 
 
(in C.A.1639/2017) 
Taimoor Imran Ali Khan etc. 
 
(in C.A.1640/2017) 
Muhammad Jabbar Khan etc.  
(in C.A.1641/17) 
Shahid Iqbal etc.   
 
 
(in C.A.1642/2017) 
Muhammad Anwar etc.  
 
(in C.A.1643/2017) 
Naheed Kausar etc. 
 
 
(in C.A.1644/17) 
Iqbal ur Rashid etc.   
 
 
(in C.A.1645/2017) 
Ghulam Mustafa etc. 
 
 
(in C.A.1646/2017) 
Mukhtar Ahmed  etc. 
 
 
(in C.A.1647/17) 
Naeema Bushra Malik etc.  
 
(in C.A.1648/2017) 
Meena Asad etc.  
 
 
(in C.A.1649/2017) 
Muhammad Qayyum etc. 
 
(in C.A.1650/17) 
Rubina Mahmood Awan etc. 
 
(in C.A.1651/2017) 
Muhammad Khushal Khan etc. 
(in C.A.1652/2017) 
Mussarat Bibi etc.  
 
 
(in C.A.1653/17) 
Muhammad Ghulam Durrani etc. 
(in C.A.1654/2017) 
Muhammad Mushtaq etc. 
 
(in C.A.1655/2017) 
Qari Muhammad Almas etc. 
 
(in C.A.1656/17) 
Riaz Akhtar etc. 
 
  
 
(in C.A.1657/2017) 
Syed Zameer Haider Rizvi etc.  
(in C.A.1658/2017) 
Liaqat Ali etc. 
 
 
 
(in C.A.1659/17) 
Muhammad Arif etc. 
  
 
(in C.A.1660/2017) 
Waseem Hussain etc. 
 
 
(in C.A.1661/2017) 
Khalid Pervez etc.   
 
 
(in C.A.1662/17) 
Muhammad Nazir Kiyani etc.   
(in C.A.1663/2017) 
Abdul Majeed  etc. 
 
 
(in C.A.1664/2017) 
Muhammad Ashraf etc.  
 
(in C.A.1665/17) 
C.A. NO. 1631 OF 2017 ETC. 
 
2 
Mumtaz Hussain etc. 
 
 
(in C.A.1666/2017) 
Manzoor Ahmed etc. 
 
 
(in C.A.1667/2017) 
Mohsin Tanvir etc. 
 
 
(in C.A.1668/17) 
Jabbar Hussain etc. 
 
 
(in C.A.1669/2017) 
Syed Manzar Hussain Gardezi etc. 
(in C.A.1670/2017) 
Muhammad Saleem Kunber etc. 
(in C.A.1671/17) 
Abid Hussain etc.  
 
 
(in C.A.1672/2017) 
Nawabzada etc. 
 
 
 
(in C.A.1673/2017) 
Muhammad Azeem Khan etc.  
(in C.A.1674/17) 
Attaullah etc.  
 
 
 
(in C.A.1675/2017) 
Syed Nazir Hussain Shah etc.  
(in C.A.1676/2017) 
Muhammad Amir etc. 
 
 
(in C.A.1677/17) 
Mrs. Mehmood Farzana  
  
(in C.A.1678/2017) 
Muhammad Anwar ur Rahman etc. (in C.A.1679/2017) 
Rafi etc. 
 
 
 
 
(in C.A.1680/17) 
Mumtaz Khan etc.  
 
 
(in C.A.1681/2017) 
Mrs. Rehana Ghaffar etc. 
 
(in C.A.1682/2017) 
Azad Khan etc. 
 
 
 
(in C.A.1683/17) 
Shazia Bibi etc.   
 
 
 (in C.A.1684/2017) 
Imran  etc.  
 
 
 
(in C.A.1685/2017) 
Zahid Mehmood etc. 
 
 
(in C.A.1686/17) 
Zafeer Ahmed etc.  
 
 
(in C.A.1687/2017) 
Arslan Iqbal etc.  
 
 
(in C.A.1688/2017) 
Mrs. Syeda Khatoon etc.  
 
(in C.A.1689/17) 
Miss Zubaida Khatoon etc. 
 
 (in C.A.1690/2017) 
Mrs. Farida Rafi etc. 
 
 
(in C.A.1691/2017) 
Badar Munir Badar etc.  
 
(in C.A.1692/17) 
Azhar Mehmood etc.  
 
 
 (in C.A.1693/2017) 
Muhammad Daud etc.  
 
(in C.A.1694/2017) 
Shafiq etc.  
 
 
 
(in C.A.1695/17) 
Javaid Rauf etc. 
 
 
 
 (in C.A.1696/2017) 
Ch. Amjad Ali  etc. 
 
 
(in C.A.1697/2017) 
Liaqat Ali  etc. 
 
 
 
(in C.A.1698/17) 
Akhtar etc.   
 
 
 
 (in C.A.1699/2017) 
Shaukat Jan etc.  
 
 
(in C.A.1700/2017) 
Abdul Karim etc.  
 
 
(in C.A.1701/17) 
Mubarik Ali Satti etc.  
 
 
(in C.A.1702/2017) 
Mrs. Safia Kalboro etc.  
 
(in C.A.1703/2017) 
Mrs. Sahleha Nasreen etc. 
 
(in C.A.1704/17) 
Miss Shazia Nazir etc.   
 
(in C.A.1705/2017) 
Abdul Rashid Shah etc.  
 
(in C.A.1706/2017) 
Mumtaz Gill etc.  
 
 
(in C.A.1707/17) 
Muhammad Farhan etc.  
 
 (in C.A.1708/2017) 
Alludin  etc.  
 
 
 
(in C.A.1709/2017) 
M. Sohail Khan etc. 
 
 
(in C.A.1710/17) 
Syeda Sadaf Ali etc.  
 
 
(in C.A.1711/2017) 
M. Anwar etc. 
 
 
 
(in C.A.1712/2017) 
Miss Shahida Parveen 
etc. 
 
(in C.A.1713/17) 
Mrs. Shamim Abid etc.   
 
(in C.A.1714/2017) 
Mrs. Rahat Sultana etc.  
 
(in C.A.1715/2017) 
M. Maqsood etc.  
 
 
(in C.A.1716/17) 
Mrs. Sumira Yasmeen   
 
(in C.A.1717/2017) 
Shahid M. Khan etc. 
 
 
(in C.A.1718/2017) 
Miss Shazia Bibi etc. 
 
 
(in C.A.1719/17) 
Mrs. Rukh-e-Afzal etc.  
 
(in C.A.1720/2017) 
M. Amir  etc. 
 
 
 
(in C.A.1721/2017) 
Mrs. Sumera Aziz etc. 
 
 
(in C.A.1722/17) 
C.A. NO. 1631 OF 2017 ETC. 
 
3 
Asif Ali and others 
 
 
 (in C.A.1723/2017) 
Wajid Bashir etc.  
 
 
(in C.A.1724/2017) 
Mrs. Samina Zafar etc.  
 
(in C.A.1725/17) 
Muhammad Bukhsh others  
 
(in C.A.1726/2017) 
Mrs. Qamar Zahra etc.  
 
(in C.A.1727/2017) 
Shabbir Nawaz etc. 
 
 
(in C.A.1728/17) 
Zulfiqar Ahmed others  
 
 (in C.A.1729/2017) 
Mrs. Rashda Jabeen etc. 
 
(in C.A.1730/2017) 
Mrs. Najma Khanum etc. 
 
(in C.A.1731/17) 
Mrs. Mah-e-Naz Israr & others  
(in C.A.1732/2017) 
Zubaida Khanum etc. 
 
 
(in C.A.1733/2017) 
Mrs. Shabana Latif etc.  
 
(in C.A.1734/17) 
Mrs. Zahida Naheed etc.  
  
(in C.A.1735/2017) 
Miss Lala Rukh Qurshi etc. 
 
(in C.A.1736/2017) 
Mrs. Raheela Ambreen etc. 
 
(in C.A.1737/17) 
Mrs. Shams un Nisa and others  
(in C.A.1738/2017) 
Ms. Farzana Masood etc. 
 
(in C.A.1739/2017) 
Mrs. Kaneez Rubab etc.  
 
(in C.A.1740/17) 
Ms. Raheela Haider and others 
(in C.A.1741/2017) 
Mrs. Asia Bashid etc. 
 
 
(in C.A.1742/2017) 
Mrs. Tayyaba Qaiser etc. 
 
(in C.A.1743/17) 
Mrs. Naureen Iqbal and others  
(in C.A.1744/2017) 
Mrs. Shahbana Kausar etc. 
 
(in C.A.1745/2017) 
Tahira Yasmeen Aya etc. 
 
(in C.A.1746/17) 
Tauqeer Ahmad and others  
 
(in C.A.1747/2017) 
Inayat Ullah  etc.  
 
 
(in C.A.1748/2017) 
Muhammad Idrees Qamar etc.  
(in C.A.1749/17) 
Syed Arif Hussain Shah etc. 
 
(in C.A.1750/2017) 
Parveen Akhtar etc. 
 
 
(in C.A.1751/2017) 
Muhammad Yousaf etc.  
 
(in C.A.1752/17) 
Nasreen Anjum Aya etc.  
 
(in C.A.1753/2017) 
Muhammad Ishaq  etc.  
 
(in C.A.1754/2017) 
Azhar Mahmood etc. 
 
 
(in C.A.1755/17) 
Abdul Ghafoor etc. 
 
 
(in C.A.1756/2017) 
Muhammad Sayyad etc.  
 
(in C.A.1757/2017) 
Muhammad Saleem Khan etc.  
(in C.A.1758/17) 
Gul Shad etc.  
 
 
 
(in C.A.1759/2017) 
Josheph Rafiq  etc. 
 
 
(in C.A.1760/2017) 
Syeda Sadaf Ali etc. 
 
 
(in C.A.1761/17) 
Mrs. Mehnaz Ajmal etc.   
 
(in C.A.1762/2017) 
Javed Iqbal etc. 
 
 
 
(in C.A.1763/2017) 
Mrs. Rizwana Shahid etc. 
 
(in C.A.1764/17) 
Muhammad Ajmal etc.   
 
(in C.A.1765/2017) 
Iqtidar Hussain  etc. 
 
 
(in C.A.1766/2017) 
Tahir Mehmood etc. 
 
 
(in C.A.1767/17) 
Adnan Babar etc.   
 
 
 (in C.A.1768/2017) 
Pervaiz Nadeem etc. 
 
 
(in C.A.1769/2017) 
Asif Younas  etc.  
 
 
(in C.A.1770/17) 
Muhammad Younas etc.  
 
 (in C.A.1771/2017) 
James Mashid etc. 
 
 
(in C.A.1772/2017) 
Muhammad Aslam etc.  
 
(in C.A.1773/17) 
Shoukat Mashid etc.  
 
 
 (in C.A.1774/2017) 
Ms. Yasmin Tahira etc.  
 
(in C.A.1775/2017) 
Muhammad Aslam  etc.  
 
(in C.A.1776/17) 
Mrs. Rubina Anjum etc.  
 
 (in C.A.1777/2017) 
Habib Khan etc.  
 
 
(in C.A.1778/2017) 
Ahmed Sher Arshad etc.  
 
(in C.A.1779/17) 
C.A. NO. 1631 OF 2017 ETC. 
 
4 
Ms. Nazmina etc.   
 
 
 (in C.A.1780/2017) 
Ms. Tasneem Fatima etc. 
 
(in C.A.1781/2017) 
Muhammad Naveed Arif Khan  
etc. 
 
 
 
 
 
(in C.A.1782/17) 
Miss Naz Tahir etc. 
 
 
(in C.A.1783/2017) 
Syed Sultan Shah etc. 
 
 
(in C.A.1784/2017) 
Mrs. Shagufta Bibi 
 
 
(in C.A.1785/17) 
Khawar Idrees etc. 
 
 
 (in C.A.1786/2017) 
Mrs. Naila Iqbal etc. 
 
 
(in C.A.1787/2017) 
Amjad Badshah etc. 
 
 
(in C.A.1788/17) 
Waris Malik etc.   
 
 
 (in C.A.1789/2017) 
Imran Anwar etc.  
 
 
(in C.A.1790/2017) 
Amjad Sohail etc.  
 
 
(in C.A.1791/17) 
Asif Mashid etc. 
 
 
 
 (in C.A.1792/2017) 
Mrs. Nusrat Dastagir etc. 
 
(in C.A.1793/2017) 
Mukhtar Ahmed etc. 
 
 
(in C.A.1794/17) 
Basharat Masih etc. 
 
 
 (in C.A.1795/2017) 
Ali Rehman etc. 
 
 
 
(in C.A.1796/2017) 
Munir Ahmed etc.  
 
 
(in C.A.1797/17) 
Muhammad Zardad etc.  
 
 (in C.A.1798/2017) 
Syed Ashraf Ali etc. 
 
 
(in C.A.1799/2017) 
Mrs. Kausar Ayub etc.  
 
(in C.A.1800/17) 
Malik Waheed Shahzad etc. 
 
 (in C.A.1801/2017) 
Ashraf Mashid etc. 
 
 
(in C.A.1802/2017) 
Muhammad Ajmal etc.  
 
(in C.A.1803/17) 
Mrs. Shaista Manazir etc. 
 
 (in C.A.1804/2017) 
Mumtaz Hussain etc. 
 
 
(in C.A.1805/2017) 
Mrs. Saima Noreen etc.  
 
(in C.A.1806/17) 
Razzaq Ahmed etc. 
 
 
(in C.A.1807/2017) 
Muhammad Ayub etc. 
 
 
(in C.A.1808/2017) 
Ejaz Ahmed  etc.  
 
 
(in C.A.1809/17) 
Shah Muhammad Afzal etc. 
 
 (in C.A.1810/2017) 
Muhammad Javed etc.  
 
(in C.A.1811/2017) 
Muhammad Asif etc. 
 
 
(in C.A.1812/17) 
Muhammad Khaliq etc.  
 
 (in C.A.1813/2017) 
Nafisa Hanif etc.   
 
 
(in C.A.1814/2017) 
Qari Zahid Mehmood  etc. 
 
(in C.A.1815/17) 
Asif Amin etc. 
 
 
 
 (in C.A.1816/2017) 
Mrs. veronica etc.  
 
 
(in C.A.1817/2017) 
Qari Muhammad Siddique etc. 
(in C.A.1818/17) 
Syeda Saima Nasir etc.  
 
(in C.A.1819/2017) 
Mrs. Huma Waseem  etc. 
 
(in C.A.1820/2017) 
Waheed ur Rehman etc.  
 
(in C.A.1821/17) 
Ms. Saima Parveen etc.  
 
(in C.A.1822/2017) 
Ghulam Rasool and others  
 
(in C.A.1823/17) 
Tariq Khan etc. 
 
 
 
 (in C.A.1824/2017) 
Muzaffar Hussain Rathore etc.  
(in C.A.1825/2017) 
Ms. Shahana Shahid etc. 
 
(in C.A.1826/17) 
Muhammad Khan etc.  
 
(in C.A.1827/2017) 
Basharat Ali etc.  
 
 
(in C.A.1828/2017) 
M. Tanveer etc. 
 
 
 
(in C.A.1829/17) 
Shabbir Ahmed etc. 
 
 
(in C.A.1830/2017) 
Mrs. Shamim Akhtar etc. 
 
(in C.A.1831/2017) 
Tanveer Ahmed  etc. 
 
 
(in C.A.1832/17) 
S.M. Siraj  etc.  
 
 
 
(in C.A.1833/2017) 
Zahid Mehmood etc. 
 
 
(in C.A.1834/2017) 
Mrs. Nadia Noreen etc.  
 
(in C.A.1835/17) 
C.A. NO. 1631 OF 2017 ETC. 
 
5 
Shahzad Nasir etc. 
 
 
 (in C.A.1836/2017) 
Miss Rubina Aqeel  etc.   
 
(in C.A.1837/2017) 
Irfan Ahmed  etc.  
 
 
(in C.A.1838/17) 
Kausar Afza etc.  
 
 
 (in C.A.1839/2017) 
Atif Rashid etc. 
 
 
 
(in C.A.1840/2017) 
Mst. Shamim Akhtar etc. 
 
(in C.A.1841/17) 
Babar Mehmood etc. 
 
 
 (in C.A.1842/2017) 
Ihsan Ahmed  etc.  
 
 
(in C.A.1843/2017) 
Mrs. Naghmana Jabeen etc. 
 
(in C.A.1844/17) 
Qari Muhammad Abbas etc. 
 
 (in C.A.1845/2017) 
Noureen Kazmi etc. 
 
 
(in C.A.1846/17) 
Sajid Masih etc. 
 
 
 
 (in C.A.1847/2017) 
Mrs. Uzma Khatoon etc.  
 
(in C.A.1848/2017) 
Abdul Manan etc.  
 
 
(in C.A.1849/17) 
Haroon Rasheed etc. 
 
 
 (in C.A.1850/2017) 
Sajid Mehmood etc. 
 
 
(in C.A.1851/2017) 
Zeeshan ur Rehman etc. 
 
(in C.A.1852/17) 
Muhammad Saleh etc.  
 
(in C.A.1853/2017) 
Said Rehman etc.  
 
 
(in C.A.1854/2017) 
Muhammad Ashraf  etc.  
 
(in C.A.1855/17) 
Guftar Ahmed etc. 
 
 
 (in C.A.1856/2017) 
Shahid Rauf etc.  
 
 
(in C.A.1857/2017) 
Farrukh Saleem etc. 
 
 
(in C.A.1858/17) 
Muhammad Irfan etc. 
 
 
 (in C.A.1859/2017) 
Muhammad Iqbal etc.   
 
(in C.A.1860/2017) 
Zia Ullah Asad  etc. 
 
 
(in C.A.1861/17) 
Falahat Shahid etc. 
 
 
 (in C.A.1862/2017) 
Mrs. Asghari Bano etc.  
 
(in C.A.1863/2017) 
Zia Afzal etc. 
 
 
 
(in C.A.1864/17) 
Muhammad Rafaqat etc. 
 
 (in C.A.1865/2017) 
Rafiq Masih  etc.  
 
 
(in C.A.1866/2017) 
Javed Iqbal  etc.  
 
 
(in C.A.1867/17) 
Muhammad Yameen etc. 
 
 (in C.A.1868/2017) 
Mst. Ishrat Masood etc.  
 
(in C.A.1869/17) 
Zafar Iqbal Bajwa etc. 
 
 
 (in C.A.1870/2017) 
Khalil Ahmad Bajwa etc. 
 
(in C.A.1871/2017) 
Alam Zeb etc. 
 
 
 
(in C.A.1872/17) 
Muhammad Iqbal etc. 
 
 
 (in C.A.1873/2017) 
Tanveer Bawar etc. 
 
 
(in C.A.1874/2017) 
Ghulam Imran Haider etc. 
 
(in C.A.1875/17) 
Muhammad Farid  etc.  
 
(in C.A.1876/2017) 
Chan Mehmood Sajjad etc. 
 
(in C.A.1877/2017) 
Nisar Ahmed  etc.  
 
 
(in C.A.1878/17) 
Aslam Shahzad etc. 
 
 
 (in C.A.1879/2017) 
Shaukat Ali etc. 
 
 
 
(in C.A.1880/2017) 
Nisar Ali  etc. 
 
 
 
(in C.A.1881/17) 
Muhammad Asif etc. 
 
 
 (in C.A.1882/2017) 
Arif Mehmood etc.  
 
 
(in C.A.1883/2017) 
Syed Rizwan Ahmed  etc. 
 
(in C.A.1884/17) 
Muhammad Aslam  etc.  
 
 (in C.A.1885/2017) 
Mazhar Iqbal Kiyani  etc. 
 
(in C.A.1886/2017) 
Munir Masih  etc.  
 
 
(in C.A.1887/17) 
Shaukat Hayat etc. 
 
 
 (in C.A.1888/2017) 
Nazir Mehmood etc. 
 
 
(in C.A.1889/2017) 
Syed Akbar Hussain etc. 
 
(in C.A.1890/17) 
Syed Tahir Hussain etc.  
 
 (in C.A.1891/2017) 
Ms. Nadia etc. 
 
 
 
(in C.A.1892/17) 
C.A. NO. 1631 OF 2017 ETC. 
 
6 
Khalid Usman  etc. 
 
 
 (in C.A.1893/2017) 
Muhammad Akbar Masood etc. 
(in C.A.1894/2017) 
Zafar Ejaz etc. 
 
 
 
(in C.A.1895/17) 
Azhar Ali  etc. 
 
 
 
 (in C.A.1896/2017) 
Arban Mehmood etc. 
 
 
(in C.A.1897/2017) 
Arif Khan etc. 
 
 
 
(in C.A.1898/17) 
Atif Aman Butt etc. 
 
 
(in C.A.1899/2017) 
Muhammad Siddique etc. 
 
(in C.A.1900/2017) 
Ghulam akbar  etc. 
 
 
(in C.A.1901/17) 
Zafar Khan Khattak etc.  
 
 (in C.A.1902/2017) 
Babar Sultan etc.  
 
 
(in C.A.1903/2017) 
Younas Masih etc. 
 
 
(in C.A.1904/17) 
Muhammad Feroz etc.  
 
 (in C.A.1905/2017) 
Taj Muhammad  etc.  
 
 
(in C.A.1906/2017) 
Muhammad Yousaf etc.  
 
(in C.A.1907/17) 
Muhammad Riaz etc. 
 
 
 (in C.A.1908/2017) 
Sibghat ur Rehman etc.  
 
(in C.A.1909/2017) 
Munir Akhtar Qureshi etc.  
 
(in C.A.1910/17) 
Nasir Ahmed etc.  
 
 
 (in C.A.1911/2017) 
Zaheer Ahmed  etc. 
 
 
(in C.A.1912/2017) 
Manzoor Ahmed etc. 
 
 
(in C.A.1913/17) 
Muhammad Zahir Shah etc. 
 
 (in C.A.1914/2017) 
Muhammad Tariq  etc.  
 
(in C.A.1915/2017) 
Muhammad Khalid  etc.  
 
(in C.A.1916/2017) 
Muhammad Ejaz etc. 
 
 
(in C.A.1917/17) 
Muhammad Iqbal etc. 
 
 
 (in C.A.1918/2017) 
Azad Khan etc. 
 
 
 
(in C.A.1919/2017) 
Syed Ulmer Shah etc. 
 
 
(in C.A.1920/17) 
Moeen ud Din Akhtar etc. 
 
 (in C.A.1921/2017) 
Zarif Hussain Siddique etc. 
 
(in C.A.1922/2017) 
Fazil Wadood etc.  
 
 
(in C.A.1923/17) 
Abdul Salam etc.  
 
 
 (in C.A.1924/2017) 
Kamran Khan etc.  
 
 
(in C.A.1925/2017) 
Muhammad Bashir etc.  
 
(in C.A.1926/17) 
Zulfiqar Ali etc. 
 
 
 
 (in C.A.1927/2017) 
Khalid Mehmood Khan etc. 
 
(in C.A.1928/2017) 
Muhammad Shafi etc. 
 
 
(in C.A.1929/17) 
Khadim Hussain Shah etc. 
 
 (in C.A.1930/2017) 
Nasir Mehmood Satti etc. 
 
(in C.A.1931/2017) 
Tahir Masih  etc.  
 
 
(in C.A.1932/17) 
Shahid Abbas Shah etc.  
 
 (in C.A.1933/2017) 
Farah Rehman etc. 
 
 
(in C.A.1934/2017) 
Shamshad Ghuri etc. 
 
 
(in C.A.1935/17) 
Muhammad Riaz  etc. 
 
 
 (in C.A.1936/2017) 
Muhammad Salman Siddique etc. 
(in C.A.1937/2017) 
Fiaz Ahmed etc. 
 
 
 
(in C.A.1938/17) 
Riaz Ali  etc. 
 
 
 
(in C.A.1939/2017) 
Saeedullah etc. 
 
 
 
(in C.A.1940/2017) 
Yasir Mehmood  etc. 
 
 
(in C.A.1941/17) 
Umar Baksh  etc.  
 
 
 (in C.A.1942/2017) 
Muhammad Fayaz etc.  
 
(in C.A.1943/2017) 
Saima Rana etc.  
 
 
(in C.A.1944/17) 
Muhammad Kaleem Khalid etc. 
 (in C.A.1945/2017) 
Mehmood Arif etc.  
 
 
(in C.A.1946/2017) 
Zeeshan Khan  etc. 
 
 
(in C.A.1947/17) 
Abdul Qayyum etc. 
 
 
 (in C.A.1948/2017) 
Muhammad Naeem etc.  
 
(in C.A.1949/2017) 
C.A. NO. 1631 OF 2017 ETC. 
 
7 
Azhar Qayyum etc. 
 
 
(in C.A.1950/17) 
Pervaiz Masih etc.  
 
 
 (in C.A.1951/2017) 
Muhammad Munir  etc.  
 
(in C.A.1952/2017) 
Shaheen Ara etc.  
 
 
(in C.A.1953/17) 
Mrs. Parveen Zaidi etc.  
 
(in C.A.1954/2017) 
Muhammad Kamran etc.  
 
(in C.A.1955/17) 
Miss Tasleem Alia etc. 
 
 
 (in C.A.1956/2017) 
Azmat Ullah Khan etc.  
 
(in C.A.1957/2017) 
Faiza Pervaiz  etc.  
 
 
(in C.A.1958/17) 
Mushtaq Ahmed etc. 
 
 
(in C.A.1959/2017) 
Muhammad Rizwan etc.  
 
(in C.A.1960/2017) 
Muhammad Roshan etc. 
 
(in C.A.1961/17) 
Rukhsana Yasmeen etc.  
 
(in C.A.1962/2017) 
Noreen Altaf etc.  
 
 
(in C.A.1963/2017) 
Fehmida Akhtar  etc. 
 
 
(in C.A.1964/17) 
Junaid Haider  etc. 
 
 
(in C.A.1965/2017) 
Waqar Ahmed etc.  
 
 
(in C.A.1966/2017) 
Waqar Hussain Shah etc. 
 
(in C.A.1967/17) 
Shahid Hussain  etc. 
 
 
 (in C.A.1968/2017) 
Abdul Razzaq   etc.  
 
 
(in C.A.1969/2017) 
Bilal Ahmed etc.  
 
 
(in C.A.1970/17) 
Muhammad Pervez etc.  
 
 (in C.A.1971/2017) 
Nusrat Iqbal etc.  
 
 
(in C.A.1972/2017) 
Parveen Akram etc. 
 
 
(in C.A.1973/17) 
Samina Hameed etc. 
 
 
 (in C.A.1974/2017) 
Amir Shahzad  etc. 
 
 
(in C.A.1975/2017) 
Ghazala Ghafoor etc. 
 
 
(in C.A.1976/17) 
Tayyaba Sadaf etc. 
 
 
 (in C.A.1977/2017) 
Shamim Akhtar etc. 
 
 
(in C.A.1978/17) 
Qamar Jabeen etc. 
 
 
 (in C.A.1979/2017) 
Tahira Naheed etc. 
 
 
(in C.A.1980/2017) 
Muhammad Waseem etc. 
 
(in C.A.1981/17) 
Naseem Akhtar etc. 
 
 
 (in C.A.1982/2017) 
Shahnaz Javed etc. 
 
 
(in C.A.1983/2017) 
Tariq Mahmood etc. 
 
 
(in C.A.1984/17) 
Syed Sajjad Hussain Shah etc. 
(in C.A.1985/2017) 
Hajira Bibi etc. 
 
 
 
(in C.A.1986/2017) 
Memoona Aslam  etc. 
 
 
(in C.A.1987/17) 
Chan Sanobar etc. 
 
 
 (in C.A.1988/2017) 
Shaheen Niazi etc. 
 
 
(in C.A.1989/2017) 
Naseer Ahmed etc. 
 
 
(in C.A.1990/17) 
Lashma Parveen etc. 
 
 
 (in C.A.1991/2017) 
Ahmed Bilal Karim etc.   
 
(in C.A.1992/2017) 
Tabssum Begum  etc. 
 
 
(in C.A.1993/17) 
Farhan Abbas etc.  
 
 
 (in C.A.1994/2017) 
Muhammad Khan etc.  
 
(in C.A.1995/2017) 
Surriya Ashfaq etc. 
 
 
(in C.A.1996/17) 
Muhammad Hanif etc.  
 
 (in C.A.1997/2017) 
Ashraf Masih  etc.  
 
 
(in C.A.1998/2017) 
Ansar Mahmood  etc. 
 
 
(in C.A.1999/17) 
Nasreen Agai etc.  
 
 
 (in C.A.2000/2017) 
Sajid Mehmood etc. 
 
 
(in C.A.2001/17) 
Muhammad Munir etc.  
 
 (in C.A.2002/2017) 
Mehmood Ali etc.  
 
 
(in C.A.2003/2017) 
Naveeda Sher etc.  
 
 
(in C.A.2004/17) 
Imtiaz Hussain etc. 
 
 
 (in C.A.2005/2017) 
Matloob Hussain etc. 
 
 
(in C.A.2006/2017) 
C.A. NO. 1631 OF 2017 ETC. 
 
8 
Bilqees Bano etc.  
 
 
(in C.A.2007/17) 
Ibadat Hussain  etc. 
 
 
(in C.A.2008/2017) 
Ms. Azra Batool etc. 
 
 
(in C.A.2009/2017) 
Mushtaq Masih etc. 
 
 
(in C.A.2010/17) 
Nazia Bano etc. 
 
 
 
 (in C.A.2011/2017) 
Syed Shahrukh Farhat Bukhari  
etc. 
 
 
 
 
 
(in C.A.2012/2017) 
Yasmin Fatima  etc. 
 
 
(in C.A.2013/17) 
Muhammad Ismail etc.  
 
 (in C.A.2014/2017) 
Naheed Akhtar etc.  
 
 
(in C.A.2015/2017) 
Zahida Rashid etc. 
 
 
(in C.A.2016/17) 
Moeen Shahzad etc. 
 
 
 (in C.A.2017/2017) 
Hifsa Hameed etc.  
 
 
(in C.A.2018/2017) 
Rizwana Bashir  etc. 
 
 
(in C.A.2019/17) 
Muhammajd Sabir etc.  
 
 (in C.A.2020/2017) 
Uzma Nawaz etc.  
 
 
(in C.A.2021/2017) 
Ghazanfar Abbas etc. 
 
 
(in C.A.2022/17) 
Fouzia Shamshad etc. 
 
 
 (in C.A.2023/2017) 
Saira Shaheen etc. 
 
 
(in C.A.2024/17) 
Naheed Rauf  etc.  
 
 
 (in C.A.2025/2017) 
Mehboob ur Rehman etc. 
 
(in C.A.2026/2017) 
Shahnaz Zafar etc. 
 
 
(in C.A.2027/17) 
Abdul Rahim etc.  
 
 
 (in C.A.2028/2017) 
Muhammad Umair etc.  
 
(in C.A.2029/2017) 
Ume-e-Farwa etc.  
 
 
(in C.A.2030/17) 
Muhammad Ashfaq Rana etc.  
(in C.A.2031/2017) 
Haleema Sadia etc. 
 
 
(in C.A.2032/2017) 
Mehboob Hussain  etc.  
 
(in C.A.2033/17) 
Muhammad Javed etc.  
 
 (in C.A.2034/2017) 
Khalid Mehmood etc. 
 
 
(in C.A.2035/2017) 
Ashfaq Hussain etc. 
 
 
(in C.A.2036/17) 
Shabir Ahmad etc. 
 
 
 (in C.A.2037/2017) 
Zulfiqar Khan etc.  
 
 
(in C.A.2038/2017) 
Muhammad Imran etc.  
 
(in C.A.2039/17) 
Aqib Mehmood Khan Niazi etc. 
 (in C.A.2040/2017) 
Iftikhar Ahmed etc. 
 
 
(in C.A.2041/2017) 
Rifat Sultana etc.   
 
 
(in C.A.2042/17) 
Bulbul Jehan etc.  
 
 
 (in C.A.2043/2017) 
Muhammad Majid   etc.  
 
(in C.A.2044/2017) 
Rukhsana Amin etc. 
 
 
(in C.A.2045/17) 
Rana Muhammad Riaz etc. 
 
 (in C.A.2046/2017) 
Ms. Robina Sadiq etc. 
 
 
(in C.A.2047/2017) 
Shoukat Ali etc. 
 
 
 
(in C.A.2048/17) 
Ehsan Ullah Butt etc. 
 
 
(in C.A.2049/2017) 
Fayyaz Hussain  etc. 
 
 
(in C.A.2050/2017) 
Mian Mubeen Sarwar  etc. 
 
(in C.A.2051/17) 
Irfan Waseem etc.  
 
 
 (in C.A.2052/2017) 
Tahir Mehmood etc. 
 
 
(in C.A.2053/2017) 
Rashid Ali etc. 
 
 
 
(in C.A.2054/17) 
Hassan Mirza etc.  
 
 
 (in C.A.2055/2017) 
Syed Imdad Hussain Shah etc. 
(in C.A.2056/2017) 
Maskhoor Khan etc. 
 
 
(in C.A.2057/17) 
Muhammad Naseebullah etc.  
 (in C.A.2058/2017) 
Farah Ahmed etc.  
 
 
(in C.A.2059/2017) 
Aisha Fareed etc.   
 
 
(in C.A.2060/17) 
Umair Hussain etc. 
 
 
 (in C.A.2061/2017) 
Arif Javed  etc. 
 
 
 
(in C.A.2062/2017) 
C.A. NO. 1631 OF 2017 ETC. 
 
9 
Rukhsana Begum etc. 
 
 
(in C.A.2063/17) 
Akbar Ali etc. 
 
 
 
 (in C.A.2064/2017) 
Nasira Naseem etc. 
 
 
(in C.A.2065/2017) 
Hafiz Muhammad Subhani etc. 
(in C.A.2066/17) 
Imran Nazir etc. 
 
 
 
(in C.A.2067/2017) 
Imran Bukhsh etc. 
 
 
(in C.A.2068/2017) 
Muhammad Aslam  etc.  
 
(in C.A.2069/17) 
Syed Kashif Hussain etc. 
 
 (in C.A.2070/2017) 
Fazal Ahmed etc.  
 
 
(in C.A.2071/2017) 
Nadeem Ashiq etc. 
 
 
(in C.A.2072/17) 
Ali Muhammad  etc. 
 
 
 (in C.A.2073/2017) 
Ali Haider Zaidi etc.  
 
 
(in C.A.2074/2017) 
Saima Bibi Awan etc. 
 
 
(in C.A.2075/17) 
Waseem Ahmed etc. 
 
 
 (in C.A.2076/2017) 
Mrs. Shamim Bibi etc.  
 
(in C.A.2077/2017) 
M. Habib Khan etc. 
  
 
(in C.A.2078/17) 
Mrs. Yasmin Akhter etc.  
 
 (in C.A.2079/2017) 
Shahzad Zaman   etc. 
 
 
(in C.A.2080/2017) 
Shah Khalid  etc.  
 
 
(in C.A.2081/17) 
Syed Amjad Hussain etc. 
 
 (in C.A.2082/2017) 
Rizwan Qayyum etc. 
 
 
(in C.A.2083/2017) 
Shahbaz Ahmed Khan etc. 
 
(in C.A.2084/17) 
Mubashir Hussain Shah etc.  
(in C.A.2085/2017) 
Iftikhar Ahmed etc. 
 
 
(in C.A.2086/2017) 
Tariq Hussain etc.  
 
 
(in C.A.2087/17) 
Kamran Ali etc. 
 
 
 
 (in C.A.2088/2017) 
Muhammad Shahid Rasheed etc. 
(in C.A.2089/2017) 
Hady Hussain etc.  
 
 
(in C.A.2090/17) 
Amar Shahzad etc. 
 
 
 (in C.A.2091/2017) 
Miss Farhat Naseem etc. 
 
(in C.A.2092/2017) 
Abdul Rehman etc. 
 
 
(in C.A.2093/17) 
Hafeez Ahmed etc. 
 
 
 (in C.A.2094/2017) 
Imran Khan etc.  
 
 
(in C.A.2095/2017) 
Muhammad Yasir etc. 
  
 
(in C.A.2096/17) 
Tariq Mehmood etc. 
 
 
 (in C.A.2097/2017) 
Mrs. Rehana Kausar  etc. 
 
(in C.A.2098/2017) 
Habib Ullah Niazi etc. 
 
 
(in C.A.2099/17) 
Habib Ullah etc.  
 
 
 (in C.A.2100/2017) 
Muhammad Khan etc.  
 
 (in C.A.2101/2017) 
Syed Naushad Ahmad etc. 
 
(in C.A.2102/2017) 
Taj Muhammad  etc. 
 
 
(in C.A.2103/17) 
Yasir Mehmood etc. 
 
 
(in C.A.2104/2017) 
Zafar Hayat  etc.  
 
 
(in C.A.2105/2017) 
Hafeez ur Rehman Soomro etc. 
(in C.A.2106/17) 
Muhammad Ramzan etc. 
 
 (in C.A.2107/2017) 
Syed Muhammad Irshad etc.  
(in C.A.2108/2017) 
Rafaqat Ali etc. 
 
 
 
(in C.A.2109/17) 
Muhammad Jaffar etc.  
 
 (in C.A.2110/2017) 
Farhan Saleem etc. 
 
 
(in C.A.2111/2017) 
Shahid Ilyas etc.  
 
 
(in C.A.2112/17) 
Dr. farrukh F. Lodhi etc. 
 
 (in C.A.216/2016) 
Mubashir Iqbal Zafar etc. 
 
(in C.A.806/2016) 
Muhammad Luqman etc. 
  
(in C.A.807/16) 
Allah Bakhsh etc.  
 
 
 (in C.A.808/2016) 
Muhammad Riaz  etc. 
 
 
(in C.A.809/2016) 
Zulfiqar Ali etc. 
 
 
 
(in C.A.810/16) 
C.A. NO. 1631 OF 2017 ETC. 
 
10 
 
 
Muhammad Attique ur Rehman  
etc. 
 
 
 
 
 
 (in C.A.811/2016) 
 
 
 
 
 
 
 
…Respondents(s)  
 
For the Appellant(s) 
Mr. Sajid Ilyas Bhatti, DAG 
(in all cases) 
 
 
Syed Rifaqat Hussain Shah, AOR 
 
 
 
 
Ms. Saadia Kanwal, S.O Fin. 
 
 
 
 
Mr. Abid Hussain Channa, S.O Fin. 
 
 
 
 
Mr. Sajid Javed, Asstt. Legal Fin. 
 
 
 
 
Mr.  Abdul Razzaq, AAO MEG   
 
 
 
 
Rawalpindi 
 
For the Respondent(s) 
In-person  
 
For the Respondent(s) 
Mr. Muhammad Ilyas Lodhi, ASC 
(in C.A.216/16) 
 
 
Malik Itaat Hussain Awan, ASC 
 
Amicus Curiae: 
 
Mr. Muhammad Makhdoom Ali  
 
 
 
 
Khan, Sr. ASC  
 
 
 
 
Mr. Sikandar Bashir Mohmand, ASC 
  
 
Date of Hearing 
 
17.01.2018. 
 
 
 
 
 
JUDGMENT 
 
              UMAR ATA BANDIAL, J.— By leave of this Court 
granted on 23.02.2016, 01.4.2016 and 12.12.2017 in the 
several connected appeals before us, the appellant Federal 
Government challenges the judgments delivered on common 
questions of fact and law by the learned Federal Service Tribunal 
on 05.10.2015, 11.01.2016 and 18.07.2017. The judgments 
impugned in the connected appeals declare the respondent 
employees of different institutions functioning under the 
Directorate General of Special Education (“DGSE”) to be entitled 
to payment of Health Allowance granted by the Federal 
Government vide its Office Memoranda dated 04.02.2012 and 
06.2.2012. These Memoranda are issued by the Finance Division 
(Regulations Wing) Government of Pakistan pursuant to 
approval granted by the Prime Minister under the Rules of 
Business, 1973. It would be useful to reproduce the two 
C.A. NO. 1631 OF 2017 ETC. 
 
11 
memoranda containing the terms and conditions for the grant of 
Health Allowance to eligible persons:  
 
 
 
“Government of Pakistan  
 
 
    
      Finance Division  
 
 
                (Regulations Wing) 
F.No.2(13)R-2/2011 
 
           Islamabad, the 04th Feb,2012 
 
 
 
OFFICE MEMORANDUM 
Subject: 
GRANT OF ADHOC ALLOWANCE EQUAL TO  
 
 
ONE  BASIC  PAY AT  THE INITIAL OF THE  
 
 
SCALE TO THE HEALTH PERSONNEL IN BPS  
 
 
SCHEME. 
 
 
 
The undersigned is directed to say that the 
Ordinance No.VI of 2011 that sanctioned the Career Structure for 
Health Personnel Scheme (CSHP) has lapsed on 26.12.2011. 
Accordingly, CSHP is no longer in the field and all health personnel 
have consequently reverted to the BPS scheme. In order to 
compensate health personnel for the loss of benefits sought under 
CSHP while preserving their status as Civil Servants, it has been 
decided by the Federal Government to grant adhoc allowance equal 
to one basic pay at the initial of the scale to the health personnel 
in the employment of Federal Government, in BPS scheme, with 
effect from 1st January, 2012. This will be in addition to their 
existing pay/allowances in BPS Scheme.  
 
2. 
 
This Division’s OM No.2(13)R-2/2011-698 dated 17th 
November, 2011 may be treated as withdrawn w.e.f. 26.12.2011. 
 
 
 
 
 
 
 
Sd/-- 
 
 
 
 
 
   (M. Munir Sadiq) 
 
 
 
 
 
Deputy Secretary (R-I)”  
 
 
 
 
*** 
 
 
 
 
“Government of Pakistan  
 
 
    
      Finance Division  
 
 
                (Regulations Wing) 
 
F.No.2(13)R-2/2011-777 
  Islamabad, the 06th February,2012 
 
 
 
OFFICE MEMORANDUM 
Subject: 
GRANT OF ADHOC ALLOWANCE EQUAL TO ONE 
 
 
BASIC  PAY OF RUNNING SALARY TO THE HEALTH 
 
 
PERSONNEL IN BPS SCHEME. 
 
 
 
In 
continuation 
of 
Finance, 
Division’s 
O.M. 
No.F.2(13)R-2/2011, dated 4.2.2012, it has been decided by the 
Federal Government to grant benefit of one basic pay of running 
salary as Health Allowance to the health personnel in the 
employment of Federal Government, in BPS scheme, with effect 
from 1st January, 2012. This will be in addition to their existing 
allowances in BPS Scheme. Also grant of stipend amounting to 
Rs.50,000 per month to the postgraduate residents and Rs.24,000 
per month for House Officers respectively w.e.f. 1.7.2011 will 
continue. 
 
 
 
 
 
       
        Sd/-- 
  
 
 
 
        (Manzoor Ali Khan) 
 
 
 
 
Sr. Joint Secretary (Regulations)”  
 
 
 
 
 
 
   (emphasis supplied) 
 
2. 
 
Learned Deputy Attorney General has contended 
that the Health Allowance granted by the Federal Government is 
available to health personnel in the employment of the Federal 
Government in the BPS scheme at three hospitals established in 
C.A. NO. 1631 OF 2017 ETC. 
 
12 
Islamabad, namely, Pakistan Institute of Medical Sciences 
(“PIMS”), Federal Government Polyclinic (“FGP”) and National 
Institution of Rehabilitation Medicines (“NIRM”). The employees 
at these hospitals do not have a career structure in place after 
the Career Structure for Health Personnel Scheme Ordinance, 
2011 (“Ordinance”) lapsed on 26.1.2011. The Health Allowance 
was accordingly granted by the Federal Government as a form of 
compensation. It is clear from the two memoranda dated 
04.2.2012 and 06.2.2012 reproduced above that the Health 
Allowance is granted to “health personnel”. However, the 
composition of the category of employees that are eligible for the 
benefit has not been provided therein. The respondents who are 
several hundred in number are unrepresented by counsel. In 
view of the fact that a large number of employees are affected by 
the instant controversy, the Court has sought assistance from  
Mr. Muhammad Makhdoom Ali Khan, Sr. ASC and Mr. Sikandar 
Bashir Mohmand, ASC as amicus curiae in the matter.  
Mr. Sikandar Bashir Mohmand, ASC made able submissions 
before 
the 
Court 
that 
highlighted 
important 
facts 
and 
documents 
on 
record 
which 
simplified 
the 
controversy 
appreciably.        
3. 
 
It transpires that an Office Memorandum dated 
27.03.2012 by the Finance Division (Regulations Wing) clarifies 
that the term “health personnel” used in the above mentioned 
memoranda bears the meaning given to that expression in 
Section 2(b) of the Ordinance. This definition refers to the 
contents of Schedule-I to the Ordinance which specifies the 
service providers who qualify as health personnel. A perusal of 
Schedule-I shows that five categories of service providers are 
C.A. NO. 1631 OF 2017 ETC. 
 
13 
classified as health personnel, namely: Doctors, Allied, Nurses, 
Paramedics and Support. The services specified under the 
categories of Paramedics and Support include Teachers, 
Audiovisual Operators, Technicians, Librarians, etc.  
4. 
 
The 
administrative 
Ministry 
for 
the 
health 
institutions of the Federal Government at Islamabad is the 
Ministry of Capital Administration and Development Division 
(“CADD”). It is an admitted fact that vide order dated 
13.03.2013 the Ministry of CADD granted the Health Allowance 
to the employees of the DGSE and its allied special education 
centers/ institutions including National Trust for the Disabled 
(“NTD”) and the National Council for Rehabilitation of Disabled 
Persons 
(“NCRDP”). 
The 
respondents 
were 
thereby 
acknowledged as beneficiaries of the said grant and were paid 
the 
Health 
Allowance 
with 
effect 
from 
01.1.2012 
until 
27.10.2014, when the Finance Division informed the Accountant 
General Pakistan Revenue (“AGPR”) that only health personnel 
working in Federal Government hospitals and clinics were 
qualified 
to 
receive 
the 
Health 
Allowance. 
The 
AGPR 
correspondingly instructed the DGSE to stop payment of the 
said allowance to its employees as no budget allocation for the 
said emolument had been made in the financial year 2014-15.  
5. 
 
The discontinuation of their Health Allowance was 
taken to the Islamabad High Court by some of the respondents. 
Vide order dated 17.9.2015 the learned High Court referred the 
dispute to the Secretary CADD for passing a speaking order 
thereon;  and till then restrained recovery of past payments of 
the Health Allowance from the affected employees of DGSE and 
allied centers. The Secretary CADD heard the parties and by 
C.A. NO. 1631 OF 2017 ETC. 
 
14 
order 
dated 
21.3.2016 
rejected 
the 
entitlement 
of 
the 
respondents to receive the said allowance. The principal ground 
of his decision is that employees of the DGSE were engaged in 
the process of education, training and rehabilitation of disabled 
children and therefore did not fall within the ambit of a health 
organization. The respondents successfully challenged the said 
order before the learned Federal Service Tribunal which has, 
inter alia, by the impugned judgment dated 18.07.2017 declared 
that the respondents are entitled to the grant of Health 
Allowance. 
6. 
 
Learned Deputy Attorney General has contended 
that after the lapse of the Ordinance that had provided a career 
structure for the doctors, nurses and paramedics working in 
PIMS, FGP and NIRM, the Health Allowance was granted by the 
Federal Government as compensation to the said health 
personnel. 
He 
was, 
however, 
unable 
to 
show 
any 
contemporaneous direction issued by the Ministry of CADD or 
the Ministry of Finance that restricted the grant of the Health 
Allowance to the claimed employees of the three hospitals 
specified by him. As already noted above, the definition of health 
personnel 
provided 
in 
the 
Ministry 
of 
Finance 
Office 
Memorandum dated 27.3.2012 is wide in scope and therefore 
unhelpful to his plea.  
7. 
 
We 
have 
examined 
the 
definition 
of 
“health 
personnel” adopted by said memorandum dated 27.3.2012 from 
Section 2(b) of the Ordinance which is to the following effect:   
“b) “health personnel” means a person who holds a post in any   
 
institute or organization delivering services in the health 
 
sector and included in Schedule-I, but does not include: 
i) a person who is on deputation to the Federal 
Government from any Province or other authority; 
C.A. NO. 1631 OF 2017 ETC. 
 
15 
ii) a person who is employed on contract, or on work 
charged basis or who is paid from contingencies.” 
 
8. 
 
It is noted that the foregoing definition of health 
personnel covers persons holding posts in any institute or 
organization who are delivering services in the health sector that 
are included in Schedule-I to the Ordinance. Learned Deputy 
Attorney General was unable to distinguish the respondents, 
who are employees of the DGSE and allied institutions/centers, 
NCRDP and NTD, from the paramedic and support staff 
positions that qualify as health personnel according to 
Schedule-I to the Ordinance. It is not denied by the appellant 
that education, training and rehabilitation of disabled persons 
are services provided in the health sector. These services fall 
within the terms of Schedule-I to the Ordinance and therefore 
the providers thereof qualify as health personnel.  
9. 
 
Accordingly, not only do the respondents fall within 
the category of persons who are, in terms of Finance Division 
Memoranda dated 06.2.2012 and 27.3.2012, eligible for grant of 
the Health Allowance but their entitlement has in fact been 
admitted by both the Ministry of CADD and Ministry of Finance. 
In this respect the aforementioned letter dated 13.3.2013 issued 
by the Ministry of CADD is referred. Also the affidavit of the 
Secretary Finance, Government of Pakistan filed in the 
Islamabad High Court pursuant to that Court’s order dated 
20.3.2015 passed in Writ Petition No. 4007 of 2014, specifically 
records that the proposal approved by the Prime Minister vide 
Summary dated 25.1.2012 did not restrict admissibility of the 
Health Allowance to the personnel of the three hospitals 
(identified by the learned DAG). For that reason the Finance 
C.A. NO. 1631 OF 2017 ETC. 
 
16 
Division Memoranda dated 04.2.2012 and 6.2.2012 made the 
allowance available to all health personnel employed by the 
Federal Government in the BPS Scheme.  
10. 
 
As a result, the said allowance was paid to the 
health personnel of the DGSE and its allied institutions until 
27.10.2014 when the Finance Division instructed the AGPR to 
confine the grant of the allowance to employees of Federal 
Government hospitals and clinics. This instruction represents 
merely a change of opinion which is not occasioned by an 
amendment in the terms of eligibility for the Health Allowance. 
Therefore, as the Memoranda dated 04.2.2012, 06.2.2012 and 
27.3.2012 issued by the Finance Division, Government of 
Pakistan still hold the field in their original terms, there is no 
merit in the objection by the learned DAG to the entitlement of 
the respondents to claim and receive the Health Allowance.    
11. 
 
As a secondary and also tenuous argument, learned 
Deputy Attorney General contended that the Health Allowance is 
granted under executive fiat without any statutory backing 
therefore the same can be withdrawn by the Federal Government 
at any time. That is clearly a flawed contention. It is admitted 
that grant of the Health Allowance and the terms of eligibility to 
receive the same were determined by the competent authority, 
Ministry of Finance in accordance with Rules of Business of the 
Federal Government. The original terms of the said lawful grant 
still hold the field. These were acted upon and payment of the 
Health Allowance to the respondents has conferred a vested 
right upon them. In such circumstances, the executive is barred 
by the rule of locus poenitentiae from unilaterally rescinding and 
retrieving the benefit availed by its recipients. Reference is made 
C.A. NO. 1631 OF 2017 ETC. 
 
17 
to Pakistan, through the Secretary, Ministry of Finance vs. 
Muhammad Himayatullah Farukhi (PLD 1969 SC 407) and 
The Engineer-in-Chief Branch vs. Jalaluddin (PLD 1992 SC 
207). Therefore without a change of the terms of eligibility for 
the Health Allowance even the prospective exclusion of the 
respondents from receipt of the benefit shall constitute arbitrary 
and unlawful action.  
    
12. 
 
In the circumstances, we do not find any error or 
defect in the impugned judgments of the learned Federal Service 
Tribunal 
dated 
05.10.2015, 
11.1.2016 
and 
18.7.2017. 
Consequently, these appeals are dismissed and the entitlement 
of employees of the DGSE, allied institutions/centers, NCRDP 
and NTD to receive the Health Allowance is affirmed.                 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Chief Justice 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
      Judge 
 
 
 
 
 
 
                        
 
 
 
 
 
 
 
 
      Judge 
 
Islamabad 
17.01.2018 
Naseer  
                Not approved for reporting. 
