Law:

Section:

(a) Civil service--- ---- Leave without pay---Grant of---Validity---Civil servant whose total period of service in Department was less than 5 years, remained absent for about 8 years and Government through its notification treated that period of absence as leave without pay---Order of Government: had been challenged by co-civil servant contending that according to Leave Rules, 1983 civil servant whose total period of service was less than 5 years could only be granted leave without pay for two years and by granting him leave without pay for period of 8 years, Government had acted in contravention of the Rules---Civil servant had applied for casual leave on medical grounds and he continued sending medical certificates, but no order on application for leave was passed by Competent Authority, and civil servant was not dismissed from service---Government, which according to Rules was quite competent to relax any condition which was hindering any just and equitable order in favour of civil servant, had used its extraordinary powers for relaxing rule with regard to grant of leave without pay---Notification issued by Government according to which period of absence of civil servant was treated leave without pay, was quite legal in circumstances and did not suffer from any irregularity or illegality. 1977 PLC (C.S.T.) 190 ref. (b) Civil service-- ---- Service Rules---Applicability of---Any Service Rules which were notified, were not only for a particular Government servant, but it was for all those who were at the relevant time, Government servant, unless it was clearly provided in Rules that they should be applicable to such and such class of Government servants. Khawaja Shahad Ahmad for Appellant. Sardar Rafique Mahmood for Respondents Nos. 1 and 3. ORDER ZAIDULLAH KHAN (MEMBER).---Raja Muhammad Hayat Khan respondent was appointed as Assistant Engineer in the Local Government Department on 27-6-1973 and he remained in service up to 23-3-1978. In the year 1978, he applied for ten days casual leave and then, he absented from his duties. Afterwards, action was taken against him and notices were served to make him appear in the department. In the meantime, he came in the…

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