CHAIRMAN, PAC BOARD KAMRA & 3 others vs AZHAR HUSSAIN
This matter concerns a petition for leave to appeal against a judgment of the Federal Service Tribunal, which had ruled in favor of the respondent regarding the continuation of advance increments following his re-employment as an Assistant Foreman Radar Fitter at the F-6 Rebuild Factory, PAC, Kamra. The respondent, a retired military person re-employed in a civil post, was initially granted advance increments, which were subsequently withdrawn by the organization. The core legal question involves whether a re-employed civil servant is entitled to duplicate benefits of advance increments—once in prior service and again upon re-employment—and how various Finance Division Office Memoranda and government service rules apply to the fixation of pay for such re-employed personnel. The Supreme Court, having heard the parties, granted leave to appeal to examine the applicability of relevant government instructions, the principle of locus poenitentiae, and the impact of specific Finance Division memoranda on the respondent's entitlement. The Court suspended the operation of the Tribunal's impugned judgment pending the final adjudication of these substantial questions of law.
- Can a re-employed civil servant claim duplicate benefits of advance increments for the same qualification in both their prior and subsequent service?
- Does the merger of advance increments into substantive pay and pension entitle a re-employed civil servant to claim those same increments again?
- To what extent does the principle of locus poenitentiae apply to the withdrawal of financial benefits granted to a civil servant upon re-employment?
- How should the pay of retired military personnel re-employed in civil posts be fixed according to Finance Division regulations?
- Civil Servants Act, 1973
- Civil Servants (Appointment, Promotion & Transfer) Rules, 1973
- Government Servants (Conduct) Rules, 1964
- Government Servants (Efficiency and Discipline) Rules, 1973
Javed Iqbal, J.--This petition for leave to appeal is directed against the judgment dated 11.9.2003 whereby the appeal preferred on behalf of respondent has been accepted by the learned Federal Service Tribunal with the direction that the respondent is entitled to continuation of advance increments after he was re-employed on regular basis in F-6 Rebuild Factory, Kamra.
2. Precisely stated the facts of the ease as enumerated in the judgment impugned are to the effect that the appellant was appointed as Assistant Foreman Radar Fitter (B-14) in F-6 Rebuild Factory, PAC, Kamra ide respondent's order dated 29.9.1993. The said appointment letter contained conditions, amongst others, that he will be governed by Civil Servant Act, 1973, Civil Servant (Appointment, Promotion & Transfer) Rules, 1973, Government Servant (Conduct) Rules, 1964 and Government Servants (E&D) Rules, 1973. On his appointment, appellant who had higher qualifications of FSc and BA was granted two advance increments with effect from 1993 vide respondent's order dated 16.4.1996. These advance increments allowed to the appellant were suddenly stopped by the respondent vide respondent-Organization's letter dated 8.7.1996.
Appellant preferred his -Departmental Appeal on 8.4.1997 which was rejected vide respondent's letter dated 21.9.2000." Being aggrieved an appeal was preferred before the learned Federal Service Tribunal which has been accepted vide judgment impugned, hence this petition.
3. We have heard the learned Deputy Attorney General on behalf of Chairman PAC Board Kamra, learned ASC for caveater, scanned the entire record and perused the judgment impugned. We are inclined to grant leave on the following points:--
(i) Whether duplicate benefit of advance increments can be availed twice i,e, once in the service of PAY and subsequent service as Assistant Foreman Radar Fitter (B-14) in F-6 Rebuild Factory, PAC, Kamra.
(ii) Whether the merger of two advance increments granted to respondent in his substantive pay and pension would make him further entitle to obtain two advance increments again from PAC Kamra.
(iii) Whether the instructions as contained in Establishment Division O.M. No, 10/52/95/R-2 dated 18.7.1996, Finance Division (Reg. Wing) O.M. No, F-5(4)R-3/96 dated 16.4.1996, Finance Division O.M. No, F. 4(7)-Reg. 4/72 dated 1.1.1973, O.M. No, F. 4(11)-Reg. 7/72 dated 11.1.1973 and O.M. No, F. 6(6-R.3) 84/615 dated 1.8.1983 should have considered by the learned Federal Service Tribunal while deciding the controversy.
(iv) Whether the respondent pursuant to his appointment letter dated 29.9.1993 will be governed by the Government Servants (Conduct) Rules, 1964, Government Servants (Efficiency and Discipline)
Rules, 1973 and other Government orders/instructions as mentioned herein above and the directions issued by the Managing Director PAC, Kamra.
(v) Whether the principle of locus poenitentiae can be pressed into service in view of the dictum as laid down in case Chairman, Selection Committee v. Wasif Zamir Ahmad (1997 SCM R 15), Chairman, Minimum Wage Board v. Fayyaz Khan Khattak (1999 SCM R 1004).
(vi) What should be the impact of relevant extract of the Finance Division O.M. No, F.4(7)-Reg. 7/92 dated 1.1.1973 which is reproduced herein below for ready reference:-- "The pay of the retired Military personnel re-employed in civil posts may also be fixed in accordance with the above principles. In their case substantive pay shall also include the following elements provided that they were drawn before retirement/release/leave pending retirement for a continuous-- period of 3 years or more:--
(a) Command/Staff/Charge pay.
(b) Instructional Pay.
(c) Qualification Pay.
(d) Disturbance Pay."
In case of the respondent who was re-employed on 29.9.1993 in PAC Kamra.
(vii) What should be the impact of Letter No, F-6 RF/3113/1/PC (P/C) dated 21.9.2000.
The appeal, arising out of this petition, be fixed within six weeks after having the approval of his lordship the Hon'ble Chief Justice and meanwhile the operation of impugned judgment shall remain suspended.