1992 PLP (C (PLC(CS))
Syed NAZAR HUSSAIN Versus CHAIRMAN, PAKISTAN RAILWAYS BOARD/SECRETARY,
| Citation | 1992 PLP (C (PLC(CS)) |
| Forum / Court | Service Tribunal Punjab |
| Bench Members | Syed Ally Madad Shah, Chairman and |
| Parties | Syed NAZAR HUSSAIN Versus CHAIRMAN, PAKISTAN RAILWAYS BOARD/SECRETARY, |
| Primary Law | (a) Revised Leave Rules, 1980, (c) Revised Leave Rules, 1980, (b) Service Tribunals Act (LXX of 1973) |
Q1: What are the key laws and sections cited in 1992 PLP (C (PLC(CS))?
This judgment primarily cites: (a) Revised Leave Rules, 1980, (c) Revised Leave Rules, 1980, (b) Service Tribunals Act (LXX of 1973) as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1992 PLP (C (PLC(CS))?
The case was heard and decided by the Service Tribunal Punjab bench comprising: Syed Ally Madad Shah, Chairman and.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1992 PLP (C (PLC(CS)) (Syed NAZAR HUSSAIN Versus CHAIRMAN, PAKISTAN RAILWAYS BOARD/SECRETARY,). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Ali Hussain for Appellant.
- S.M. Abdul Wahab for Respondents.
- Date of hearing: 1st August, 1991.
Headnotes / Summary
R. 18-A
Grant of six months encashment in lieu of leave preparatory to retirement
Encashment could be allowed as compensation for work done or duty performed by civil servant during whole period of three hundred and sixty-five days or lesser period due or admissible as leave preparatory to retirement
Civil servant having never worked for a single day after final retirement, he was not entitled to the claim of encashment.
S. 4
Civil servant's departmental remedy stood terminated by 7-6-1990, when he was informed that his request for relaxation of rules could not be acceded to
Civil servant's repeated applications and further time consumed in processing of his case, with no change in the decision did not afford him entitlement to condonation of period of limitation in preferring appeal to Service Tribunal on 18-10-1990
Appeal being patently time-barred was dismissed.
Rr. 16, 17 & 18-A
Expression "leave preparatory to retirement"-- Connotation
Expression "leave preparatory to retirement" presupposes its admissibility until the day of retirement of civil servant
Civil servant had been given option, if exercised within fifteen months before date of superannuation or thirty years qualifying service for encashing his "leave preparatory to retirement" on his giving undertaking in writing that he would perform duty in lieu of "leave preparatory to retirement" admissible to him, subject, of course, to the maximum period of one hundred and eighty days. The very expression leave preparatory to retirement pre-supposes its admissibility until the day of retirement of the civil servant. Rule 16 of Revised Leave Rules, 1980 provides the maximum period of LPR of 365 days which may be availed of at the option of the civil servant on full pay, or partly on full pay and partly on half pay, or entirely on half pay. Rule 17 of Revised Leave Rules, 1980 lays down, inter alia, that in case of retirement on superannuation or voluntary retirement on completion of thirty years qualifying service, if a civil servant was not granted, for reasons of public service, LPR duly applied for in sufficient time, he would be granted lump-sum leave pay for the period the LPR was refused, but subject to a maximum of 180 days leave on full pay. Under Rule 18-A, a civil servant has been given option, if exercised fifteen months before the date of superannuation or thirty years qualifying service, for encashing his LPR, on his giving undertaking in writing that he would perform duty in lieu of the LPR admissible to him, but subject to the maximum period of 180 days.
Judgment & Decree
(a) Revised Leave Rules, 1980
R. 18-A
Grant of six months encashment in lieu of leave preparatory to retirement
Encashment could be allowed as compensation for work done or duty performed by civil servant during whole period of three hundred and sixty-five days or lesser period due or admissible as leave preparatory to retirement
Civil servant having never worked for a single day after final retirement, he was not entitled to the claim of encashment. (b) Service Tribunals Act (LXX of 1973)
S. 4
Civil servant's departmental remedy stood terminated by 7-6-1990, when he was informed that his request for relaxation of rules could not be acceded to
Civil servant's repeated applications and further time consumed in processing of his case, with no change in the decision did not afford him entitlement to condonation of period of limitation in preferring appeal to Service Tribunal on 18-10-1990
Appeal being patently time-barred was dismissed. (c) Revised Leave Rules, 1980
Rr. 16, 17 & 18-A
Expression "leave preparatory to retirement"-- Connotation
Expression "leave preparatory to retirement" presupposes its admissibility until the day of retirement of civil servant
Civil servant had been given option, if exercised within fifteen months before date of superannuation or thirty years qualifying service for encashing his "leave preparatory to retirement" on his giving undertaking in writing that he would perform duty in lieu of "leave preparatory to retirement" admissible to him, subject, of course, to the maximum period of one hundred and eighty days. The very expression leave preparatory to retirement pre-supposes its admissibility until the day of retirement of the civil servant. Rule 16 of Revised Leave Rules, 1980 provides the maximum period of LPR of 365 days which may be availed of at the option of the civil servant on full pay, or partly on full pay and partly on half pay, or entirely on half pay. Rule 17 of Revised Leave Rules, 1980 lays down, inter alia, that in case of retirement on superannuation or voluntary retirement on completion of thirty years qualifying service, if a civil servant was not granted, for reasons of public service, LPR duly applied for in sufficient time, he would be granted lump-sum leave pay for the period the LPR was refused, but subject to a maximum of 180 days leave on full pay. Under Rule 18-A, a civil servant has been given option, if exercised fifteen months before the date of superannuation or thirty years qualifying service, for encashing his LPR, on his giving undertaking in writing that he would perform duty in lieu of the LPR admissible to him, but subject to the maximum period of 180 days. Ali Hussain for Appellant. S.M. Abdul Wahab for Respondents. Date of hearing: 1st August, 1991.