' MUHAMMAD JEHANGIR ARSHAD, J---The facts giving rise to the filing of this constitutional petition are that petitioner joined Pakistan Rangers as Espy on 13-8-1963 and consequently was promoted as Sub-Inspector. It so happened that the petitioner was arrested under section 14 (m) of the Punjab Rangers Ordinance, 1969 for having accepted illegal gratification of Rs,2,00,000 from one Baqar Ali to whom he allegedly arrested and then released after acceptance of said illegal gratification. He was therefore, tried by Colonel Abrar Hussain and convicted under said section and sentenced to three months' R.I. On 21-8-1990 and was also dismissed from service, as a result of said conviction and sentence. During investigation of the said case, it transpired that for seeking favour from the Investigating Officer of the said case namely Major Farooq Khan Masood who was 2nd in command, the petitioner also allegedly paid him an amount of Rs,2500 and for the said offence also he was tried under section 14 (m) of the Punjab Rangers Ordinance, 1969 and also convicted and sentenced to six months' R.I. On 21-8-1990. The petitioner challenged both the orders of his conviction and sentence before the Director General, Pakistan Rangers, Lahore but his appeals were dismissed on 20-11-1990. The revisions filed by him before the Federal Government, Ministry of Interior, Islamabad, were also dismissed on 19-2-1992. The petitioner feeling aggrieved against the above mentioned orders of his convictions and sentences passed by the Lieutenant Colonel Abrar Hussain and upheld by the appellate as well as Revision authorities, filed Writ Petition No,305 of 1992 in this Court which was ultimately allowed on 27-2-1993 and conviction as well as sentences under both the sentences were set aside having been declared as without lawful authority and of no legal effect, and the case was remanded to Commandant vested with the powers of Magistrate under the law, for a fresh trial of the petitioner. Against the above direction of this Court regarding retrial, the petitioner filed a petition seeking Leave to Appeal before the Hon'ble Supreme Court of Pakistan and the apex Court vide judgment dated 11-5-1994 decided the said petition holding that order of this Court directing retrial was within jurisdiction. In the meanwhile, however, on the acceptance of above writ petition, the petitioner joined service on 17-3-1993 but was again suspended on 18-3-1993 and remained suspended till 30-4-1995 when he was again convicted to six months' R.I. Each in both the above mentioned cases.
2. The dispute agitated in this constitutional petition relates to the claim of the petitioner for payment of full salary during the period he remained under suspension from 20-6-1990 to 17-3- 1993 i,e, the period when he was originally arrested in the case, tried and convicted by the Court, to the time of passing of order by this Court in Writ Petition No,302 of 1992 dated 27-2-1993. The contention of the petitioner is that in terms of judgment of the Shariat Appellate Bench of the Hon'ble Supreme Court in case "Government of N.-W.F.P. v. I.A. Sherwani and another (PLD 1994 SC 72) holding that suspended Government Servant be allowed full amount of salary and other benefits and facilities provided to him under the contract of service, he is also entitled to the payment of full salary during the said period of suspension, whereas, he was paid half of the salary in terms of unamended Rule 53 of the Fundamental Rules of Government of Pakistan. In support of his contention the learned counsel for the petitioner has placed reliance on the case "The Divisional Superintendent, Pakistan Railways, Lahore v. Muhammad Halim through his L. Rs and others" (PLD 2000 SC 55).
3. On the other hand, Ch. Parmoon Bashir learned Standing Counsel for the Federation has argued that in the light of judgment of Hon'ble Supreme Court of Pakistan rep'orted in (PLD 1994 SC 72) cited above, Rule No,53 of Fundamental Rights was amended by the President of Pakistan through Notification No,S.R.O. 718(1) dated 2-8-1993, which runs as follows:-- "(a) F.R. 53:--
(i) in clause (a), for the words "Commercial Officer of the Indian Medical Department or a Warrant Officer" the words "an employee of the Armed Forces" shall be substituted; and
(ii) for clause (b) the following shall be substituted, namely:
(b) In the case of Government servant, other than that specified in clause (a), he shall be entitled to subsistence grant comprising of full pay and allowances last drawn by him immediately before his suspension and all other benefits and facilities enjoyed by him as part of his service conditions prior to such suspension; and............."
' The above amendment was made effective from 30-6-1993 meaning thereby that petitioner can only claim full salary during the period of his suspension falling after 30-6-1993 and not prior to that and petitioner was paid full salary during the second period of his suspension from 18-3-1993 to 30-4-1995 but he cannot claim benefit of the above mentioned Rule prior to the period of its enforcement i,e, 30-6-1993. The contention of learned counsel for the respondent is that even per force of Article 203-D of Constitution of Islamic Republic of Pakistan, 1973, a judgment rendered by the Federal Shariat Court or for that matter the Appellate Bench of the Supreme Court declaring any law or provision of law to be repugnant to the Injunctions of Islam is not effective before the expiry of the date specified by the Federal Shariat Court or the Hon'ble Supreme Court, on which the decision shall take effect. The learned counsel for the respondent therefore, concludes that this writ petition has got no force and be dismissed.
4. I have considered the arguments of learned counsel for the parties and have also perused the relevant law on the subject.
5. Admittedly, the judgment of the Shariat Appellate Bench of the Hon'ble Supreme Court directing necessary amendment in the relevant law for payment of full amount of salary to a suspended Government Servant during the period of his suspension, came effective from 30-6-1993 the date so specified by the Hon'ble Supreme Court in terms of Article 203-D of Constitution of Islamic Republic of Pakistan, 1973 and in consequence thereof the relevant rule i,e, Rule 53 of the Fundamental Rules was amended entitling a Government Servant under suspension for payment of full salary and allowance, though on 2-8-1993 yet w,e,f, 30-6-1993 and petitioner's claim that benefit of above amended rule be extended to him for the period of his earlier suspension from 20- 6-1990 to 22-2-1993 in terms of amended Rule 53, neither appeals to sense nor can be legally enforced being violative of the provisions of Article 203-D of the Constitution, mandating that the law so declared against the Injunctions of Islam either by the Federal Shariat Court or by the Shariat Appellate Bench of the Supreme Court shall be effective from the day specified by the Federal Shariat Court or by the Shariat Appellate Bench of the Hon'ble Supreme Court in its judgment. The case-law relied upon by learned counsel for the petitioner i,e, "The Divisional Superintendent, Pakistan Railways, Lahore v. Muhammad Halim through his L.Rs and others"(PLD 2000 SC 55) has no application to the facts and circumstances of the present case, hence no relief can be given to the petitioner on the basis of said judgment.
6. The net result of above discussion is that this petition has got no force and is dismissed, with no order as to costs.