Law:

Section:

(a)Fundamental and Supplementary Roles-Re. 30 & 35-Promotion on higher post - Officiating pay-­Person promoted to officiate in a hither post involving assumption of duties and responsibilities of greater importance-Ordinarily entitled under F. R. 30 to a higher pay unless Government in exercise of Its power under F. R. 35 decides to give him lesser benefits-F. R. 35 does not give an absolute discretion to Government or its delegate not to give any benefit at all-Rule only permits payment of a lesser amount than what would otherwise have been admissible under Fundamental Rules themselves-F. R. 35, held, not intended to deprive a person of a higher remuneration in case of his assumption of duties and responsibilities of greater importance than those attaching to his substantive post.-[Civil service]. (b) Interpretation of statutes-. .-- Rules capable of bearing a reasonable interpretation favourable to employee-Such interpretation, held, to be preferred. (c) Constitution of Pakistan (1962)- Art. 58(3)-Leave to Appeal to Supreme Court--Point not urged before High Court and also involving investigation into facts-Held, could not be allowed to be takers at leave to appeal stage in Supreme Court -[Leave to appeal to Supreme Court]. Asrarul Hossain, Addl. Attorney-General (A. N. Mirza, Advocate Supreme Court wits him) instructed by M. R. Khan, Advocate-on-Record for Appellants. N M. G. Hafiz, Senior Advocate Supreme Court (M. M. Haque, Advocate Supreme Court with him) instructed by Mr. S. S. Huda, Advocate-­on-Record for Respondent. JUDGMENT HAMOOD UR RAHMAN, C. J.-This appeal by special leave, arises out of judgment of a Division Bench of the High Court of East Pakistan in a constitutional petition under Article 98 of the Constitution of 1962. 2. The said petition was filed by the respondent herein for having certain orders of the Postmaster-General, Eastern Circle, Dacca, promoting the said respondent to officiate in Class I Service "on his own pay" in his substantive capacity in Class 11, declared illegal and of no legal effect. 3. The respondent had joined the Postal Department initially as a clerk in the year 1928. and gradually worked his way up to the post…

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