Law: Higher Education Commission Ordinance, 2002

Section: 10

(a) Higher Education Commission Ordinance (LIII of 2002)--- ----S. 10---Government notification allowing grant to a particular set of employees---Interpretation---M.Phil allowance/grant for employees having a M.Phil degree---Whether employees having L.L.M degree or MS in Agriculture were also eligible for M.Phil allowance on the basis that said qualifications were equivalent to M.Phil as held by the (defunct) University Grants Commission (now Higher Education Commission)---Held, that the perusal of impugned notification showed that the M.Phil allowance was specifically meant for persons who held M.Phil degrees which were recognized by the Higher Education Commission, and that it was not expressly or by implication mentioned that the allowance would be payable to all who held an "M.Phil or equivalent degree"---Intent and purpose of the competent authority in granting the allowance was clear and unambiguous and there was no room to read something into the notification which was not there --- Higher Education Commission did not have any power or authority to advise that all those who held LLM or MS degrees should be eligible to draw the allowance in question. The main controversy involved in the present case related to a notification dated 14-07-2016 issued by the Provincial Secretary, Government of Khyber Pakhtunkhwa, Finance Department ('the impugned notification') through which an allowance @ Rs.2500/- per month was granted to the employees who held M.Phil degrees. The said notification was challenged by the respondents before the High Court praying that the respondents may also be granted the M.Phil allowance because they held LLM degrees or MS degrees in Agriculture, which were equivalent to M.Phil. The High Court allowed the constitutional petitions filed by respondents and directed the concerned authorities to grant M.Phil allowance to all employees who held any degree equivalent to M.Phil i.e. LLM and MS in Agriculture from the date of acquiring such degree. The High Court based its on a letter of the University Grants Commission (UGC) dated 23-08-2000 stating that Master of Law degree was equivalent to M.Phil. Plain reading of the impugned notification…

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