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Civil Petition for Leave to Appeal No. 326/11 of 1984, decided on 14th January, 1986. .

(On appeal from the judgment and order of the Federal Service Tribunal, Islamabad, dated 31st, October, 1984, passed in Appeal No. 111(R) of 1984).

‑‑‑Art. 212(3)‑‑Civil Servants Act (LXXI of 1973), S.17‑‑Leave to appeal granted to consider, inter alia, points, that whether a civil servant proceeding on leave with pay shall be entitled to get full pay during leave sanctioned for post, as raised from time to time, on account of increment and revision of pay scales by enforcement of certain scheme; that whether Service Tribunal is competent to hold that Fundamental r. 17 and Revised Leave Rules, 1980 were overridden by para. 27 of Scheme of Basic Pay Scales and Fringe Benefits of Civil Employees of Federal Government, of 1983; that whether section 17 of Act (LXXI of 1973), covered determination of leave pay and as such a civil servant on leave with pay was entitled to pay sanctioned for a post under section 17; that whether sub‑clauses (a) and (b) in rule 32 of Revised Leave Rules, 1980, admitted of any ambiguity so that its literal construction tended to lead to repugnancy to good sense and Service Tribunal was justified to construe same to give them extended meaning so as to give benefit of enhancement of pay to a civil servant who was on leave; and that whether Service Tribunal was justified in striking down relevant rule which was beyond its jurisdiction by putting an interpretation construction rendering entire rule 32 of Revised Leave Rules, 1980 nugatory.

Munir A. Shaikh, Deputy Advocate‑General and Rao Muhammad Yousuf Khan, Advocate‑on‑Record for Petitioner.

M.S. Siddiqui, Advocate‑on‑Record for Respondent.

Date of hearing: 14th January, 1986.

‑In this petition, among others the following points have been raised for determination before this Court (a) whether the finding of the Service Tribunal to the effect that a civil servant proceeding on leave with pay shall be entitled to get full pay during leave sanctioned for the post as raised, from time to time, on account of increment and revision of pay scales by enforcement of certain scheme, (b) whether the learned Tribunal is competent, to hold that Fundamental Rule 17 and Revised Leave Rules 1980 have been overridden by para. 27 of the scheme of Basic Pay Scales and Fringe Benefits of the Civil Employees of the Federal Government of 1983; (c) whether section 17 of the Civil Servants Act, 1973 covers the determination of the leave pay and as such a civil servant on leave with pay, is entitled to the pay sanctioned for a pose under section 17; and (d) whether sub‑clauses (a) and (b) in rule 32 of Revised Leave Rules, 1980, admit of any ambiguity so that its literal construction tends to lead to repugnancy to good sense and the Service Tribunal was justified to construe the same to give them extended meaning so as to give benefit of the enhancement of pay to a civil servant who is on leave.

2. Contention of the learned counsel is that the learned Service Tribunal has in fact struck down the relevant rule which was beyond its jurisdiction and the interpretation /construction put by the learned Service Tribunal has rendered the entire rule 32 of the Revised Leave Rubs, 1980 nugatory/and whether such interpretation/construction is permissible under the law and whether the distinction drawn by the learned Service Tribunal regarding the phrase in accordance with the rules and used in section 17 of the Civil Servants Act, 1973 that it does not mean "subject to rules" is not too fine to stand judicial scrutiny.

3. The points raised are of legal importance. We, therefore, grant leave to consider the same. The appeal shall be heard on the present record with liberty to file additional documents, if so desired. Application for stay to continue, was not contested.

M. I. Leave granted.

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