SECRETARY FINANCE DIVISION, ISLAMABAD vs MUHAMMAD ZAMAN, EX-
This civil petition for leave to appeal arises from the judgment of the Federal Service Tribunal, Islamabad, which allowed the respondent employee's service appeal and granted him pensioner benefits by condoning a deficiency of five months and three days in his qualifying service. The core legal question was whether the deficiency of less than six months in qualifying service for pension stands automatically condoned under Rule 423(1) of the Civil Service Regulations (C.S.R.), or whether such condonation is barred by departmental instructions and Rule 374 C.S.R. The Supreme Court held that Rule 423 of C.S.R. is unqualified and not restricted merely to widows, and affirmed the Service Tribunal's view. The ratio decidendi is that if service rules are capable of bearing a reasonable interpretation favorable to an employee, that interpretation must be preferred. Consequently, the Court dismissed the petition for leave to appeal.
- Whether a deficiency of less than six months in qualifying service for pension stands automatically condoned under Rule 423 of the Civil Service Regulations?
- Is Rule 423 of the Civil Service Regulations restricted exclusively to the pensioner benefits of widows?
- Which interpretation should be preferred if service rules are capable of bearing multiple reasonable interpretations?
- Rule 374, Civil Service Regulations
- Rule 423, Civil Service Regulations
- Rule 423(1), Civil Service Regulations
- Rule 423(2), Civil Service Regulations
ORDER
' FAQIR MUHAMMAD KHOKHAR, J.--- The respondent had retired from service with effect from 3-11- 2002 on attaining age of superannuation. His total service for qualifying pension was short of 10 years with a deficiency of 5 months and 3 days. He was declined pensioner benefits by the departmental authority. However, his Service Appeal No,940(R)(C.S.) of 2004 was allowed by the Federal Service Tribunal, Islamabad vide impugned judgment, dated 6-12-2007 and the deficiency of 5 months and 3 days stood automatically condoned in terms of rules 423(1) of C.S.R.
2. The learned Deputy Attorney-General vehemently argued that in view of Rule 374 C.S.R., there was no question of automatic condemnation of deficiency of less than 6 months for calculating pensioner benefits of service, in view of the instructions, dated 11-11-1996 issued by Regulation Wing, Ministry of Finance, Government of Pakistan and that Rule 423 of C.S.R. As attracted to the cases of widows of Government Servants.
3. We have heard the learned Deputy Attorney-General at some length and have also perused the record available. We find that Rule 423, of C.S.R. Is without any qualification and is not restricted to the pensioner benefit of a widow. Of course sub-rule (2) of Rule 423, C.S.R. Empowers the competent authority to condone the deficiency of more than 6 months but less than one year where an officer has died while in service, or has retired under circumstances beyond his control. In the case of Postmaster-General, Eastern Circle (E.P.) Dacca and another v. Muhammad Hashim PLD 1978 SC 61, it was held that if the Rules were capable of bearing a reasonable interpretation favorable to the employee then that interpretation should be preferred. We do not find any legal infirmity in the judgment of the Service Tribunal. This is not a fit case for grant of leave to appeal.
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