Scheme of Basic Pay Scales and Fringe Benefits of Civil Employees of the Federal Government

During leave period, Scheme of Basic Pay Scales and Fringe Benefits of Civil Employees of the Federal Government, 1983 was promulgated which had to take effect from 1-7-1983

Civil servant on expiry of leave, claiming benefits of the scheme of 1983

Revised Leave Rules, 1980 were applicable at the time when civil servants'leave was sanctioned

New Scheme of Basic Pay Scales and Fringe Benefits, 1983, was promulgated on 18-8-1983 when period of civil servant's leave had already been exhausted

Although new scheme of 1983 was to take effect from 1-7-1983, yet the question of pay during leave was not at all dealt with there under

Civil servant's leave having been sanctioned before the promulgation of the new scheme of 1983, same would have the effect according to its tenor and would be given effect accordingly notwithstanding the promulgation of the scheme of Basic Pay Scales and Fringe Benefits, 1983

Service Tribunal's order directing benefit of increase in pay to civil servant as visualised by the Scheme of 1983, thus could not be sustained and was set aside by the Supreme Court, in appeal.

Whether civil servant on leave prior to 1-7-1983 and joining duty after 1-7-1983 entitled to enhanced pay from 1-7-1983 or from date of joining duty after 1-7-1983

All existing rules and orders stood modified to extent indicated in Scheme

Expression "rate of pay drawn" used in r.32 of Revised Leave Rules, 1980, further held, to be given extended meaning so as to cover rise in pay by enforcement of Scheme

Language of a statute is generally extended to new circumstances which could not have been contemplated by legislation when it was passed

Wren a literal construction would lead to repugnancy to good sense, the Court may add words to the provision to be construed-If rules are capable of bearing a reasonable interpretation favourable to employee then that interpretation should be preferred in interest of justice

Fundamental Rule 17, further held, applicable where an officer ceases to discharge duties or-post due to transfer, retirement or any such exigencies and not in case of temporary absence on sanctioned leave

Benefit of enhanced pay according to Basic Pay Scales Scheme, 1983, held, admissible from 1-7-1983 notwithstanding fact that civil servant was on leave on that date and contention that benefit of enhanced amount of pay would be admissible only from date of joining duty

Rejected

Interpretation of Statutes.