Law:

Section:

(a) Constitution of Pakistan (1973)-- .----Art. 212(3)---Incentive Scheme introduced by Railway in 1961 & 1966 paras. (C) & (D)---Leave to appeal was ganted to consider inter alia as to what was the correct interpretation of para. (c) Class II Officers and para. (d) Class III Staff occurring in the Incentive Scheme as re-introduced by Railway Board's letter dated 22nd January, 1966. (b) Incentive Scheme introduced by Railway in 1961 & 1966--- ----Para. (D) Class II Officer---Advance increment---Grant of advance increment to employees who improve their qualifications---Acquisition of qualifications for Class II officer under para. (D) is relatable to. the words "prescribed" and "prescribed" does not relate to the Incentive Scheme in which that word occurs but it relates to prescription elsewhere of qualifications--Plural use for qualification is signficant and refers to all the qualifications which are necessary and which are prescribed for entry into Class II and the said qualification is simple BA. and LL.B. is not necessary. (c) Incentive Scheme introduced by Railway in 1961 & 1966--- ----Para. (D)---Expression "Personnel Branch" under para. (D) is clubbed with all other Branches and for every one of them the incentive benefit is the same---Personnel Branch having not been dealt with separately under para. (D)---To take the analogy of para. (C) of the Scheme and treat them. separately would amount to violation of the text of the Scheme. (d) Incentive Scheme introduced by Railway in 1961 & 1966--- ----Paras. (C) & (D)---Department could not take away the benefit of employee which had earlier been granted to him by the Scheme---If the Scheme remained intact the departmental interpretation, being violative of the Scheme itself, could not be given credence. JUDGMENT MUHAMMAD AFZAL ZULLAH, C J.---These two appeals involve similar questions. They are, therefore, being disposed of together. The leave grant order in Civil Appeal No.233 of 1988 is as under:- `This petition for leave to appeal has been filed by Pakistan Railways and is directed against the judgment of the Federal Service Tribunal, Islamabad. `Briefly the facts are that Muhammad…

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