Law:

Section:

Basic Pay Scales and Fringe Benefits of Civil Employees of Federal Government Scheme, 1983-- ---Para.27--Revised Leave Rules, 1980, r.32--Fundamental Rules, r.17(1)--Admissibility of enhanced pay on basis of Basic Pay Scales Scheme, 1983--Whether civil servant on leave prior to 1-7-1983 and joining duty after 1-7-1983 entitled to enhanced pay from 1-7-1983 or from date of joining duty after 1-7-1983--All existing rules and orders stood modified to extent indicated in Scheme--Expression "rate of pay drawn" used in r.32 of Revised Leave Rules, 1980, further held, to be given extended meaning so as to cover rise in pay by enforcement of Scheme--Language of a statute is generally extended to new circumstances which could not have been contemplated by legislation when it was passed--Wren a literal construction would lead to repugnancy to good sense, the Court may add words to the provision to be construed-If rules are capable of bearing a reasonable interpretation favourable to employee then that interpretation should be preferred in interest of justice--Fundamental Rule 17, further held, applicable where an officer ceases to discharge duties or-post due to transfer, retirement or any such exigencies and not in case of temporary absence on sanctioned leave--Benefit of enhanced pay according to Basic Pay Scales Scheme, 1983, held, admissible from 1-7-1983 notwithstanding fact that civil servant was on leave on that date and contention that benefit of enhanced amount of pay would be admissible only from date of joining duty--Rejected--Interpretation of Statutes. Muhammad Haroon v. Crown and another P L D 1951 F C 118 and P LD1956FC 209 rel. M.S. Siddiqi for Appellant. Muhammad Amir Akbar Khan for Respondents. Date of hearing: 21st October, 1984. JUDGMENT MUHAMMAD IRSHAD KHAN (MEMBER).-- The appellant, an officer of erstwhile Grade-20 of the Secretariat Group and posted as a Member of the Service Tribunal, had proceeded on leave on "full pay" for three weeks from the 18th of June, 1983, to the 12th of July, 1983. In the meantime the Scheme of Basic Pay Scales and Fringe Benefits of Civil Employees of the Federal Government, 1983 (hereinafter referred to as the Scheme)…

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