| Citation(s) |
|---|
| 1984 SLG 1498 1984 SLD 1498 1984 PLC 884 |
Federal Service Tribunal, Islamabad
Appeal No. 66 (R) of 1981, decided on 5th, September 1983.
MR., JUSTICE SHAH ABDUR RASHID, CHAIRMAN, MUHAMMAD IRSHAD KHAN AND BRIG. (RETD.) ABDUR RASHID, MEMBERS
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Appeal No. 66 (R) of 1981, decided on 5th, September 1983.
MR., JUSTICE SHAH ABDUR RASHID, CHAIRMAN, MUHAMMAD IRSHAD KHAN AND BRIG. (RETD.) ABDUR RASHID, MEMBERS
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IKRAMUL HAQ
VS
Law:
Section:
Civil Servants Act (LXXI of 1973)- --- S. 2 (1) (b) (i) and Service Tribunals Act (LXXI of 1973), Ss. 2 (a) & 4 read with Establishment Manual, Vol. I, Chap, IX, p. 389-Deputation--Word not defined -- A technical word -Interpretation of statutes-Elementary rule of construction--Words and phrases used in a statute to be interpreted in their ordinary meaning-Such rule however not of universal application and intention of Legislature supreme consideration - Principle of literal construction does not apply in interpreting technical words, phrases and terms which are used in their technical meaning if acquired-Word "technical" broad enough to include statutes relating to service matters-Presumption that words and phrases are used with particular meaning in which used and understood in respective particular profession or business - A word acquiring a technical, meaning which is well-known to be presumed to have been used by Legislature in that sense and with that meaning rather than in ordinary sense-Guidelines issued by Establishment Division regarding terms "deputation" and "deputationist" are in nature of instructions and have force of law-Officer of Provincial Government with permanent status selected and appointed under Federal Government through examination under lateral entry scheme-Such Officer, held, would continue to be a deputationist under Federal Government so long having lien on permanent post under Provincial Government and not confirmed under Federal Government-Retirement of such officer under S. 13 (ii) of Civil Servants Act, 1973 by Federal Government impugned before Federal Service Tribunal-Such officer being a deputationist, held, not a civil servant under Civil Servants Act, 1973 hence could not invoke jurisdiction of Federal Service Tribunal-Tribunal however observing that Federal Government could undo the wrong if so desired by rescinding impugned order and reverting him to the Province leaving it to Governor to pass such order as deemed fit - Deputation - Interpretation of statutes. Ram Adhar Singh v. State of Bihar A I R 1954 Pat. 187 ; Khanpur Textile Finishing Mills v. R. P. F. Commissioner A I R 1956 Ph. 130 ; Pakistan v. Shaikh…
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