Law: Fundamental Rules, 1922

Section: 26

Fundamental Rules--- ----F.R. 26---Period of leave counted for increments in time scale---Scope---Extraordinary leave---Absence from duty for 2557 days regularized in categories of leave on half pay, leave on full pay and extraordinary leave---On retirement respondent applied for three annual increments for the absence period which was treated as extraordinary leave---Department denied such relief to the respondent however Service Tribunal granted the same through the impugned ---Held, that clearly the extraordinary leave period of absence from duty of the respondent was attributable to his own doing---No cause for such extraordinary leave had been given by the department whilst dividing the duration of his absence into different types of leave periods---Such relief constituted a favour given to the respondent---Attempt to seek increments for the period of leave which was neither leave on half pay nor leave on full pay but was classified as extraordinary leave could not be sanctified further by assuming the same to be beyond respondent's control---Impugned of Service Tribunal was set aside and relief of three annual increments was denied to the respondent--- Appeal was allowed accordingly. Secretary, Communication and Works Department, Lahore and another v. Malik Riaz Ahmad 1993 SCMR 1014 ref. ORDER UMAR ATA BANDIAL, JUSTICE:---.--- The respondent No.1 was absent from duty from 05.5.1983 to 05.5.1990 equaling 2557 days. He was removed from service on 17.02.1984 for willful absence from duty. However, on 03.4.1990 he was reinstated in service without back benefits. On 06.4.1990 he was promoted from UDC to Inspector. On 6.12.1994 he was granted all back benefits. On 06.6.1995 he was granted seniority in the cadre of Inspector from the date of qualifying a departmental examination in 1983. On 22.8.1995 the appellants regularized his absence in three categories of leave, namely, leave on half pay ("LHP"), leave on full pay ("LFP") and extraordinary leave ("EOL"). On 13.01.2011 his EOL was certified as earned leave. By that time he had already retired from service on 01.2.2010. On post retirement he applied for three annual increments from 1987-1989 vide application…

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