Cash Award Judgment
Cash Award Judgment
Cash Award Judgment
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CC-46475
JUDGEMENT SHEET
IN THE HIGH COURT OF BALOCHISTAN, QUETTA.
Constitutional Petition No.718 of 2020
(Biaizeed Khan Kharoti v The Chief Secretary & Others, (CC-46475)
JUDGMENT
cash award of four months full pay along with admissible allowance
respondents No.2 to 8, 14 and 16 have been deleted vide order dated 30-7-
2020. On behalf of rest of the respondents, the learned AAG submitted para
wise comments along with relevant documents and copy of the Balochistan
2. The petitioner argued the matter personally and stated that granting
Government. He added that the Government has exercised power under the
2019 (the Rules, 2019), illegally by misinterpreting the word cash award.
He stated that as per these rules the cash award can be paid to employees for
that the officers/officials were entitled for the cash award. He stated that
its attached departments were not entitled for the cash award, but they were
awarded the same illegally. He added that the officers/officials of rest of the
therefore, they on this score were not entitled for the cash award, but it was
authority under the Rules 2019 and the Balochistan Government Rules of
Business to grant the cash award. They stated that the competent authority
after considering the fact that activity of budget making is pain stacking,
budget making was continued beyond the official working hours and some
beyond normal call of duty and completed special task of preparation of the
budget in time. The learned AAG and the Secretary Finance contended that
cash award was approved. In the end, they added that budget making is a
process in which several departments are involved, therefore, all the officials
been committed.
functionaries, hence the petitioner has a locus standi to file the petition. This
of judicial review of any act done or proceedings taken within its territorial
Powers and Re-Appropriation Rules, 2019 (the Rule 2019). Rule 2 (1) (c) of
herein below,
“ FINANCE DEPARTMENT
GOVERNMENT OF BALOCHISTAN
SUMMARY FOR THE HON’BLE CHIEF MINISTER BALOCHISTAN
Subject:- GRANT OF “CASH AWARD” AS REWARD TO THE
OFFICERS/OFFICIALS OF FINANCE DEPARTMENT AND OTHERS
ENGAGED IN BUDGET MAKING PROCESS DIRECTLY OR
INDIRECTLY ON ACCOUNT OF PREPARATION OFBUDGET 2020-21.
As per Balochistan Budget Manual-1987, Budget Cycle
consists of seven phases, which keep engage all staff of the Finance
Department in official duties throughout the year in general and
beyond normal working hours during last six months of the financial
year in particular, for preparation of (Development/Non-
Development) budget of the province. All the staff of Finance
Department mad utmost efforts by working double shifts in addition
to their routine work in order to prepare Annual Budget-2020-21
well in time for presentation before the Provincial Cabinet and
Provincial Assembly.
2. Furthermore, staff of Finance Department remained in
touch with the concerned officials of all Administrative Departments
for seeking Reconciled Expenditure, Budget Estimates 2020-21 and
Revised Estimates 2019-20, and New Expenditure (Recurring &
non-Recurring). Besides, this Finance Department has also
carefully prepared Indicative Budget Ceiling figures and the same
has been conveyed to all Administrative Departments which further
helped and ensured the financial discipline and accuracy in
finalization of Annual Budget 2020-21 well in time
3. It is also worth to mention here that since the outbreak of
Covid-19 the staff of Finance Department continuously carried out
their official responsibly even at the risk of suffering from fatal
contagious viral disease. During the emergency period, staff of
Finance Department played the role of front line workers and
remained present all the time at their place of duty. A part from the
preparation of Annual Budget 2020-21 the staff of Finance
Department remained vigilant to release the funds to the concerned
departments on time to combat (Covid-19).
4. It is pertinent to mention here that the survey reports of
international fiscal institutions have categorically reported that
organizations where better financial incentive are provided to its
employees, there will be better performance and low corruption
ration in comparison with other low paid organizations. More so,
annual cash award as a reward to employees for their hectic work
during preparation of annual budget has been in practice, not only
in Balochistan but also in Finance Division Federal Government
and sister Provinces
5. In view of efforts made by staff of Finance Department
working in double shifts in addition to their routine work enabled
the Government to present Annual Budget 2020-21 before
Provincial Assembly. So, they deserve to be rewarded in terms of
cash money on part of Government to encourage them
6. It is, therefore, proposed that the Competent Authority may
grant (i) reward of Four salaries in the form of “Cash Award” equal
to pay of the July 2020 with all admissible allowances (including
House Requisition) in pursuance of Rule 45(1)(b) Schedule-V-III,
Part-A(15) of Rules of Business-2012 and in relaxation of financial
powers and re-appropriation rules 2019 FR-34(ii) to the
Officers/Officials of Finance Department, P&D Department, Chief
CP No.718 of 2020. Page 5 of
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CC-46475
6. The reason contained in the summary for the grant of cash award is
that all staff of the Finance Department made utmost efforts by working
double shifts in addition to their routine work, and contribution of the other
Minister accepting the summary by exercising power under the Rule 3 sub
budget)
(ii) To sanction cash award in 1 Administrative Department with Full Powers, but
Finance and P&D Departments the approval of the Government not exceeding
(i) To sanction cash award Administrative Department with Full Powers, but
in the Secretariat the approval of the Chief Minister not exceeding one
month gross
salary
7. Pursuant to the above rule, the competent authority can grant cash
award, but the amount shall not exceed three months gross salary. The cash
of extra ordinary special task as defined in Rule 2(1)(c) of the Rules 2019.
does not describe any duty beyond the normal call of duty or any extra
as to what was the cause of not completing the budget within the stipulated
below,
award do not fulfill the criteria laid down in the definition of cash award
summary submitted before the Chief Minister was in respect of the work
of the budget of the year 2020-2021, but a question arises, as what was the
competent authority did not consider the theme and purpose of granting cash
provision of the same by allowing the cash award to the selected departments
as well. The purpose of cash award as per the Rules is to compensate the
has erred in law by granting cash award to the officer/officials of the selected
law, which is not in the case in hand, as such, the orders granting cash award
hence is illegal.
selected departments are set aside. If the cash amount is drawn by any of the
Government’s Accounts.
JUDGE