Rana MUHAMMAD ANWAR vs PAKISTAN And Other
This petition for leave to appeal arises from a judgment of the Federal Service Tribunal, which dismissed the petitioner's appeal regarding service matters. The core legal question concerns the proper interpretation and reconciliation of Rule 12(2) and Rule 12(7) of the A.S.F. (Service) Rules, 1978. The Federal Service Tribunal itself acknowledged ambiguity and a lack of clarity in the application of these specific provisions. Upon review, the Supreme Court determined that the Tribunal's attempt to reconcile these conflicting rules requires further judicial examination to ensure correct legal application. Consequently, the Court granted leave to appeal to address the interpretation of these rules, directing that the appeal be heard on the existing record. The matter centers on the necessity of resolving statutory ambiguity within service regulations to determine the rights of the petitioner.
- How should Rule 12(2) and Rule 12(7) of the A.S.F. (Service) Rules, 1978 be reconciled when they appear ambiguous?
- Does an ambiguity in the interpretation of service rules warrant the granting of leave to appeal by the Supreme Court?
- Rule 12(2), A.S.F. (Service) Rules, 1978
- Rule 12(7), A.S.F. (Service) Rules, 1978
ORDER
S.A.NUSRAT, J.--This petition is from the judgment of the Federal Service Tribunal whereby, the appeal of the petitioner was dismissed.
2. The learned Tribunal has itself conceded in the impugned judgment that there was some ambiguity or lack of clarity with regard to the interpretation of rule 12(7) and rule 12(2) of the A.S.F.
(Service) Rules, 1978. The learned Tribunal has attempted to reconcile the two rules and the interpretation so given needs examination. Leave to appeal is accordingly granted. The appeal will be heard on the same record.