1996 PLP (C (PLC(CS))

Abdul Hamid Qureshi, Advocate Supreme Court for Appellant. Fateh Muhammad Khan, Advocate Supreme Court and Haji M.A. Qayyum, Advocate‑on‑Record (absent) for Respondents. Date of hearing: 13thJune, 1995. SALEEM AKHTAR, J. ‑‑‑The appellant with the leave of this Court has challenged the judgment of the N.‑W.F.P. Service Tribunal, whereby her appeal against the order rejecting her claim for advance increments was dismissed on the ground of limitation and jurisdiction. The Tribunal has, however, expressed its opinion on merits in favour of the appellant.

2. On the recommendation of N.‑W.F.P. Public Service Commission, the appellant was appointed as an Assistant Psychologist (BPS‑17) on 15‑12‑1987. The minimum qualification prescribed for such appointment was 2nd Class Master Degree in Psychology with 3 years' experience or M.A. First Class preferably experience in the relevant field. The appellant also possessed ‑M. Phil. Degree and claimed that she was entitled to four advance increments under the Finance Department Circular dated 24‑8‑1983. The departmental representation was made irt the year 1988 and was rejected by the Finance Department on 14‑5‑1988. For the second time such representation was rejected on 27‑7‑1989 and finally when again similar representation was made it was rejected on 22‑5‑1991. In the last letter of refusal which has been filed by the appellant, the respondents have stated that the Finance Department had shown its inability to accede to the request and that "the matter is not covered by the general policy regarding grant of advance increments on the basis of higher qualification". The relevant Notification under which the appellant had claimed advance increments reads as follows:‑‑ "Advance increments to Technical and Professional categories on possessing/acquiring higher qualifications. Doctors, Engineers, Educationists, Economists, Management, Accountants, Scientists, Geologists, Meteorologists, Archaeologists, Expert in Agriculture, Animal Husbandry and Forestry working in Universities, Colleges, Research Institutions or Technical Departments shall be allowed advance increments on possessing/ acquiring higher qualifications as under:‑‑ . (i) In case a technical/professional employee of the above category possesses D.Sc., Ph. D. Degree from a foreign university, he shall be allowed six advance increments on entry into service in B‑17. (ii) Those of the‑ above categories of officers who possess M.A.1M.Sc.IM.S. or equivalent from a foreign university or Ph.D. or M. Phil. from a university in Pakistan will receive four advance increments on induction in service in B‑17. (iii) Those of the above categories of employees who‑ while in service obtain a degree shall be allowed four advance increments in case of (i) above and two advance increments in case of (ii) above. (iv) In cases where it is intended to extend the concession of advance increments to the categories of officers other than Doctors, Engineers, Educationists, Experts in Agriculture, Animal Husbandry and Forestry mentioned above, prior concurrence of Finance Department shall be obtained."

3. This Notification/circular spells out the following three pre‑conditions for applicability of clause (ii):‑‑ (1) The person claiming benefit should fall within the specified professional and technical categories mentioned therein. (2) He should possess M.A./M.Sc. or M.S. or equivalent degree from a Foreign University or Ph.D. or M. Phil. degree from a University in Pakistan, and (3) Such person is working in Universities, Colleges, Research Institutions or Technical Departments.

4. The perusal of the Notification will show that it categorises persons of various qualifications, disciplines and expertise in different fields. The specific categories mentioned are not of the same genus or same family but are different and independent from each other. Each. one of the technical and professional A categories mentioned are not inter‑connected. In such a situation where specific words enumerating subjects and categories of persons which greatly differ with each other, the general word will have a different and independent meaning without taking any colour from the specific words preceding or following it. This, principle of interpretation is applied in the circumstances when the general words follow certain specific words which are different and independent from each other. Reference can be made to Crawford's Construction of Statutes, page

328. In the Notification the word "scientist" is preceded by the words Doctors, Engineers, Educationists, Economists, Managements and Accountants. These words are of different and independent categories and disciplines and cannot be taken to be of the same genus or category. The word "management' is too wide and general. Thus, each word has its own independent meaning without any reference to the preceding or the following words. .In this background we will have to determine the meaning of the word "scientist" which may be in conformity with the intention of the Notification. The main intention of the Notification is to grant advance increments to technical and professional categories' of persons who possess or acquire higher qualifications. It is, therefore, technical and. professional categories of employees and persons who would be entitled to the benefit of this Notification. The main object is to promote and encourage higher education so that highly qualified persons maybe attracted to the jobs in Universities, Colleges, Research Institutions or Technical Departments. The categories specified are not subjects of art but they are of science and technology.

5. The dictionary meaning of word "scientist" (The Shorter Oxford English Dictionary) is; a man of science, a man of science is one who possesses knowledge in any department of learning or trained skill in any art or craft, a man who has expert knowledge of some branch of science and devotes himself to its investigation". The meaning of the word "science" has been defined, in this dictionary,, as "the state or fact of knowing; knowledge or cognizance of something specified or implied, knowledge acquired by study; acquaintance with or mastery of any department of learning, a particular branch of knowledge or study a recognized department of learning, a craft, trade, or occupation requiring trained skill, the kind of knowledge or intellectual activity of which the 'sciences' are examples". According to Ballentine's Law Dictionary 'science' means, "knowledge derived from study, observation, and experimentation and arranged for use in system and form. Study in a branch of knowledge conducted abstractly but also with observation and experimentation". In the American heritage Dictionary of the English Language 'science' has been defined as follows:‑‑ "The observation, identification, description, experimental investigation, and theoretical explanation of natural phenomena, such activity restricted to a class of natural phenomena, such activity applied to any class of phenomena, any methodological activity, discipline, or study, any activity that appears to require study and method, knowledge; specially, knowledge gained through experience."

6. These are general meanings of words "science" or "scientist" but if used with reference to a particular department or qualification or subject, it may attain a restricted and narrow meaning. But the word "scientist" as used generally has been described in International Encyclopaedia of the Social Sciences volumes 13 and 14 as follows:‑‑ ‑ "Persons in a wide variety of statuses and roles are described as scientists or identify themselves as scientists in English‑speaking. societies today. In a narrow sense a scientist is a man of scientific knowledge ‑ one who adds to what is known in the sciences by writing articles or book However, 'scientists' also engage in applied research, attempting to make discoveries which will lead to new industrial, medical and agricultural products or processes; in industrial development, applying scientific knowledge to specific problems of innovation in production; and in the routine testing and analysing of commodities and processes. Such persons are called applied scientists and are not easily distinguished from engineers and technicians. Persons called scientists may also engage in teaching science in institutions of higher education, in writing accounts of science for laymen, and in administration. Finally, a scientist may be defined as a person who lice received a college degree in scientific field." It further enumerates the population of scientists in the United States of America and goes on to read as follows:‑‑ "In the United States in 1952, about half of the science doctorates were received in the physical sciences and mathematics, about 22 per cent. in the biological sciences, and about 28 per cent. in the social science, including psychology. The relative proportions in these major sub‑areas of science have not changed much in the last half century. Social scientists constitute a much larger proportion of scientists in the United States than they do in most other nations."

7. From the above quotation it follows that persons having degree and knowledge in psychology have been included in the list of 'scientists' in United States of ~America. They come within the category of 'social scientists' and have been treated as 'scientists'. The word 'scientist' is a wide open term which includes apart from engineers, doctors, mathematicians and persons engaged in applied science, qualified trained persons in social sciences. Psychology falls within the category of social sciences. According to the American Heritage Dictionary of the English Language 'social science' means; "the study of society and of individual relationships in and to society, generally regarded as including C sociology, psychology, anthropology, economics, political science, and history". Psychology as subject is a science within the category of social science. It requires study of individual relationship with the society and also the aptitude of a man to deal with a particular subject. Psychology is the science of mental processes and behaviour; the emotional and behavioural characteristics of an individual, group, or activity. The word "psychologist' means a person trained to perform psychological analysis, therapy, or research (The American Heritage Dictionary of the English Language). A psychologist is required not only to study psychology but to observe, make research, study minds or emotions of human being and derive results from it to observe the mental state of a person, to analyse them, to prescribe therapy and reason out the actions of a person as a whole or collectively in human behaviour to the society or individual.

8. The appellant by virtue of her position as a psychologist is required to perform a technical job of observing the candidates, analyse their bent of mind ' and behaviour and to determine their aptitude for a discipline or service. This is a highly technical job directly involved with the social science requiring investigation, study and observation not only in theoretical but in practical form as well. The stand taken by the respondents that the appellant is not a scientist is completely wrong and cannot be sustained.

9. The other question which requires consideration is whether the appellant is employed in a technical department. The word "technical" has not been defined, therefore, its dictionary meaning in the background of the circular will have to be ascertained. It is obvious that the object of the Circular is to provide benefit to the employees holding Ph.D. or M. Phil. Degrees. This is E intended to attract highly qualified talents available in the country to specified service, organisations and departments. According to Black's Law Dictionary the word "technical" means‑ "belonging or peculiar to an art or profession or pertaining to mechanical art of applied science". Any specialised knowledge of art or science which requires skill and method to do any activity by application of mind and/or observation or practical experiment for deriving methodical conclusions from such exercise can be termed as "technical". Its meaning cannot be restricted merely to mechanical, manual, physical or applied sciences. For purpose of the circular any service or profession in which the activity or process, as discussed above, is employed in discharge of professional duties, it can safely be termed as "technical" and a department dealing in such activity or exercise will be a technical department. The nature of duty and the job performed by the appellant has been fully discussed above.. Furthermore, the Federal Public Service Commission is a department which examines and evaluates the candidates for service of Pakistan in all categories and fields. It selects competent and suitable candidates from amongst the applicants who apply for the job by employing specialised knowledge, skill, experience, observation and practical evaluation. The work performed by this department is technical and the appellant being an employee of this department performing a technical job is covered by the Notification.

10. The Tribunal proceeded on the assumption that it had no jurisdiction which does not ‑seem to be correct. The circular provides benefits in definite term to those employees who fall within the category mentioned therein and such persons are entitled to claim specified increments. It has thus become term and condition of service granting specified increment at the time of induction in service in B‑

17. It is not a gratuitous or honrarium based on compassionate grounds. The Tribunal had the jurisdiction to proceed in the matter. In spite of the fact that the Tribunal held that it had no jurisdiction, it proceeded further to express its opinion on the question of limitation as well as on merits. This is a wrong practice to hold that the Tribunal has no jurisdiction yet to probe and decide on merits. If a Tribunal is of the opinion that it has no jurisdiction it should stop then and there and should preferably not venture on expressing opinion on the merits of the case. .

11. The Tribunal has dismissed the appeal mainly on the ground that it was time‑barred and also on point of jurisdiction. So far point of jurisdiction is concerned the view expressed by the Tribunal is not correct. The appeal by the appellant before the Tribunal as thus dismissed on a technical ground although from the very beginning the respondents had adopted a wrong interpretation to deprive the appellant bf the benefits of advance increments which she was entitled under the Notification by virtue of her post and position. As the appellant could not succeed due to technical reason, in the interest of justice the respondents should review the case of the appellant in the light of this judgment irrespective of the fact that she has failed on technical ground alone. With these observation and direction the appeal is dismissed. A.A. /S‑1014/5 Appeal dismissed.