| Citation(s) |
|---|
| 2008 SLG 1344 2008 SLD 1344 2008 PLC 995 |
Supreme Court of Pakistan
C.P.L.A. No.9 of 2008, decided on 7th April, 2008, Date of hearing: 31st January, 2008. (On appeal from the judgment dated 24-12-2007 in Appeal No.296(R)CS/2005 passed by the Federal Service Tribunal, Islamabad).
ABDUL HAMEED DOGAR, C.J., IJAZ-UL-HASSAN KHAN AND CH. EJAZ YOUSAF, JJ
M. Shoaib Shaheen, Advocate Supreme Court and Ejaz Muhammad Khan, Advocate-on-Record for Petitioner. Ms. Nahida Mehboob Elahi, D.A.G., M.S. Khattak, Advocate on-Record and Sher Afzal Khan, Estate Officer for
Respondents.
C.P.L.A. No.9 of 2008, decided on 7th April, 2008, Date of hearing: 31st January, 2008. (On appeal from the judgment dated 24-12-2007 in Appeal No.296(R)CS/2005 passed by the Federal Service Tribunal, Islamabad).
ABDUL HAMEED DOGAR, C.J., IJAZ-UL-HASSAN KHAN AND CH. EJAZ YOUSAF, JJ
M. Shoaib Shaheen, Advocate Supreme Court and Ejaz Muhammad Khan, Advocate-on-Record for Petitioner. Ms. Nahida Mehboob Elahi, D.A.G., M.S. Khattak, Advocate on-Record and Sher Afzal Khan, Estate Officer for
Respondents.
AZRA RIFFAT RANA
VS
SECRETARY, MINSITRY OF HOUSING AND WORKS, ISLAMABAD and others
Law:
Section:
(a) Accommodation Allocation Rules, 2002--- ----O.M. No.F.1(8)-RU/89, dated 4-12-1991---Office Memorandum---Effect---Office memorandum being inconsistent with any statutory rule on the point, though cannot be given effect to as it does not stand on a higher footing than the statutory rules, yet where an office memorandum is expressed in precise terms, capable of being applied with particularity to a great number and variety of cases then the terms of such memorandum should be deemed to amplify and adapt the statutory rules in the relevant aspect and be regarded as supplementing them. Secretary to the Government of the Punjab v. Abdul Hamid Arif 1991 SCMR 628 and Pakistan v. Abdul Hamid PLD 1961 SC 105 ref. (b) Interpretation of statutes--- ----Office Memorandum---Where an office memorandum is expressed in precise terms, capable of being applied with particularity to a great number and variety of cases then the terms of such memorandum should be deemed to amplify and adapt the statutory rules in the relevant aspect and be regarded as supplementing them. Secretary to the Government of the Punjab v. Abdul Hamid Arif 1991 SCMR 628 and Pakistan v. Abdul Hamid PLD 1961 SC 105 ref. (c) Accommodation Allocation Rules, 2002--- ----O.M. No.F.1(8)-R4/89, dated 4-12-1991---Promissory estoppel, doctrine of---Applicability---Issuance of Office Memorandum by Government whereby certain incentives including to retain accommodation till the age of superannuation and six months thereafter were provided and a large number of government employees, including the appellant availed the same, Government, by its conduct, was estopped to perform a somersault and say that since the policy introduced through the office Memorandum was contrary to the Accommodation Allocation Rules, 2002 it could not have been implemented---Government as per doctrine of promissory estoppel, was bound by the promise and the assurance contained in the Office Memorandum in question---Doctrine of promissory estoppel does not extend to legislative and sovereign functions, yet executive orders are not excluded from its operation---Appellant was entitled…
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