Law:

Section:

Revised Leave Rules, 1980--- ----R. 16(3)--- Constitution of Pakistan, Art.203-DD--- Repugnancy to Injunctions of Islam---Voluntary retirement---Entitlement to leave preparatory to retirement---Petitioner had challenged Sub-Rule (3) of R.16 of the Revised Leave Rules, 1980 on the ground that it discriminated between civil servants of different grades and it had deprived a group or a class of civil servants of the rights, which were available to the other group of civil servants and that said Rule was repugnant of the Injunctions of Islam---Validity---Sub-Rule (3) of R.16 of the Revised Leave Rules, 1980 had provided that officer of BPS-21 to 22, who opted to retire voluntarily after completing twenty-five years of service, could be granted leave preparatory to retirement equal to entire leave at his credit in leave account on full pay or till the date on which he completed the sixtieth year of his age, which ever was earlier---Government had brought in a scheme, in 1991 under which employees in Grade 21 to 22 were given the option to choose to retire before the date of their superannuation with certain incentive in the form of encashment of leave at credit in the prescribed manner---Government had the power to make Rules in respect of different categories and classes of employees and departments---Government, in circumstances had acted within its powers in the case---Revised Leave Rules, 1980 were still in force throughout Pakistan and in all the Provinces, along with all the relevant amendments which had come in the meantime in the system of Leave Rules---No apparent violation of any rule, and any inconvenience or infringement of any rights of employees was found---Impugned R.16(3) of the Revised Leave Rules, 1980 did not create any discrimination---Voluntary option had been given to certain higher grades of civil servants, as a Policy/Scheme to choose voluntarily for retirement, on or before completion of very substantial portion of their service i.e. 25 years in order to create room for younger/junior lot to make to those position which could also be used to maintain and improve levels of efficiency at management and senior levels of policy and decision…

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