Law:

Section:

(a) Civil Service Regulations (C.S.R.)----Regln. 38(c)(1)---Fundamental Rules, R. 9(28)---Revised Leave Rules, 1980, Rr.17, 18-A & 32---Notification O. M. No.F-7(15)-R-13/88(Pt) dated 1-2-1990 issued by Government of Pakistan, Finance Division (Regulation Wing)---Constitution of Pakistan (1973), Art.212(3)---Leave to appeal was granted by Supreme Court to consider; whether personal allowance drawn by petitioners ought to have been treated as a part of their substantive pay for the purposes of leave encashment and pensionary benefits in light of Regln. 38(c)(1) of Civil Service Regulations, R.9(28) of Fundamental Rules and Rr.17, 18-A and 32 of Revised Leave Rules, 1980; and what was the effect of Office Memorandum No.F-7(15)-R-13/88(Pt) dated 1-2-1990 issued by Government of Pakistan, Finance Division (Regulation Wing). (b) Civil Service Regulations (C.S.R.)--- ----Regln. 38(c)(1)---Fundamental Rules, R. 9(28)---Revised Leave Rules, 1980, Rr.17, 18-A & 32---Notification O.M. No.F-7(15)-R-13/88(Pt) dated 1-2-1990 issued by Government of Pakistan, Finance Division (Regulation Wing)---Leave encashment---Principle---Appellants were retired civil servants who were denied personal allowance as a reckonable emolument in payment of difference of encashment of leave preparatory to retirement---Validity---No other allowance would be included and computed for the purpose of payment in lieu of leave preparatory to retirement---Service Tribunal had rightly concluded that for payment in lieu of leave, only Senior Post Allowance would be included in leave pay so admissible---Appellants could not controvert the legal position and could not even make a definite statement with regard to such payment having been made to any other civil servant as claimed by them-Supreme Court declined to interfere with the decision of Service Tribunal---Appeal was dismissed. JUDGMENT MUHAMMAD MOOSA K. LEGHARI, J.-- Through these appeals, the appellants have assailed the consolidated judgment, dated 6-2-2004, passed by Federal Service Tribunal, Islamabad. The appellants are retired civil servants. They were denied Personal Allowance as a reckonable emolument in the payment of difference of…

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