| Citation(s) |
|---|
| 2019 SLG 3319 2019 SLD 3319 2019 PLD 591 |
Islamabad High Court
Writ Petition No. 3094 of 2016, decision Dated: 31-07-2019. Hearing Dated: 30-07-2019.
MIANGUL HASSAN AURANGZEB, JUSTICE
Petitioner(s) by: Aftab Ahmad Khan
Respondent(s) by: Nadeem Haider, Additional Registrar FSC
Writ Petition No. 3094 of 2016, decision Dated: 31-07-2019. Hearing Dated: 30-07-2019.
MIANGUL HASSAN AURANGZEB, JUSTICE
Petitioner(s) by: Aftab Ahmad Khan
Respondent(s) by: Nadeem Haider, Additional Registrar FSC
VS
FEDERATION OF PAKISTAN AND OTHERS
Law: Federal Sharit Court (Terms and Conditions of Serivce of Staff) Rules, 1982
Section: R.5,6
Law: Rules of Business, 1973
Section: R.12(1)(h)
Law: Rules of Business, 1971
Section: 14(2)
Law: Constitution of Pakistan, 1973
Section: 208,268
(a) Interpretation of statutes--- ----Addition or omission in law---Scope---Court, in the garb of interpretation has no power to add or omit even a single word from provisions of law---Nothing can be added to a statute or a rule to rewrite same as such would be against accepted principles of interpretation. Khan Gul Khan vl Daraz Khan 2010 SCMR 539 and Crescent Jute Products Ltd. v. Government of the Punjab PLD 2004 Lah. 686 rel. (b) Federal Sharit Court (Terms and Conditions of Serivce of Staff) Rules, 1982--- ----Rr. 5 & 6---Employees of Federal Shariat Court---Enhancement of allowances---Federal Shariat Court, powers of---Chief Justice of Federal Shariat Court enhanced/revised rates of utility allowances for its officers and staff---Plea raised by Federal Government was that such an enhancement/revision could not be entertained as it required approval from Prime Minister and could not be acted upon directly---Validity---President had power to grant or sanction allowances to civil servants in service of Federal Government, such powers by virtue of Proviso to R. 5 of Federal Shariat Court (Terms and Conditions of Service of Staff) Rules, 1982 could be exercised by the Chief Justice of Federal Shariat Court---Provisions of R. 5 of Federal Shariat Court (Terms and Condition of Service of Staff) Rules, 1982 did not make exrcise of powers by the Chief Justice of Federal Shariat Court to regulate terms and conditions of service of persons on staff attached to Federal Shariat Court conditional or subject to approval or sanction of Finance Division or Prime Minister---Notificaiton in question was issued pursuance to decision taken by the Chief Justice of Federal Shariat Court in exercise of powers conferred by R. 5 of the Federal Shariat Court (Terms and Conditions of Service of Staff) Rules, 1982 to revise rates of utility allowances (gas and electricity) for officers and staff of Federal Shariat Court---High Court declared that plea raised by Federal Government that revisin of allowances could not be made by the Chief Justice of Federal Shariat Court without approval of Finance Division or Prime Minister was without lawful authority and of no legal…
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