1. ' MUFIAMMAD HALEEM, J.-This appeal is by special leave against the majority opinion of The Sind Service Tribunal, Karachi, dated 22nd of August, 1975, by which Appeal No, 184 of 1974, was dismissed.
2. ' The facts which have given rise to this appeal are that the appellant, who was serving as Assistant District Health Officer, Khipro, District Sanghar, was by Notification dated 5th of January, 1973, transferred and posted as Medical Officer, Medico-legal Section, Liaquat Medical College Hospital, City Branch, Hyderabad. He joined that post on 18th of January, 1973, and is still serving in that capacity. The Government of West Pakistan, Health Department, issued a Notification, bearing No, SO (VI)-10-9/66 dated 6th April, 1966, by which the Medical Officers, serving in hospitals and teaching institutions were allowed to draw non-practising allowance. Items Nos. 7 and 16 of this notification need reproduction as the dispute in the present appeal turns on them:- "7. All posts of Medical Officers/Assistant Medical Officers, Women Medical Officers/Assistant Women Medical Officers, and Dental Surgeons in the following institutions:
(1) Mayo Hospital, Lahore.
(2) Lady Wellingdon Hospital, Lahore.
(3) Lady Aitchison Hospital, Lahore.
(4) Lady Reading Hospital, Peshawar.
(5) Nishtar Hospital, Multan.
(6) Liaquat Medical College/Hospital, Hyderabad.
(7) Civil Hospital, Karachi.
16. All posts of Medical Officers/Women Medical Officers posted at or Incharge of Primary Health Centres, Clinical Mobile Vans, Mental Hospitals, School Health Centres, Rural Health Centres, and Dispensaries/Hospitals/Units attached to or located in Teaching Institutions or meant for officials or Police, Civil Defence, Rangers Jails Departments and Frontier Corps."
3. ' Again, by Notification bearing No, S.
0. (V0/10-9/66 dated 23rd September, 1966, the Government of West Pakistan, Health Department deleted Item No, 17 of the earlier Notification which read as under:- "17. All posts of Medical Officers Incharge Medico-legal work."
4. ' The appellant claimed the non-practising allowance with effect from 10th of January, 1973, which was disallowed by the Accountant-General, Sind Karachi, by order (Pay Slip) dated 26th June, 1974.
5. The appellant, on 8th of July, 1974, preferred an appeal to the Chief Secretary, Government of Sind, against this order but as there was no response from him, he filed an appeal within the stipulated period before the Sind Service Tribunal, Karachi.
6. ' The majority opinion of the Tribunal held that the deletion of Item No, 17 from the Notification dated 6th of April, 1966, disentitled him to draw the non-practising allowance as this item, in particular, related to his post. Further, in regard to the applicability of Item No, 7, the majority opinion held that this was not applicable to him as he was not appointed as a Medical Officer in the teaching institution. The minority opinion, however, expressed that his case was covered by Items 7 and 16 of the Notification dated 16th of April, 1966, as those were of general application and covered the case of a Medical Officer who was posted as such in the Liaquat Medical College Hospital which was also a teaching institution.
7. ' Leave to appeal was granted to consider as to whether the case of the petitioner was covered by Items 7 and 16 of the Notification dated 6th of April, 1966, so as to entitle him to draw the non- practising allowance.
8. ' Adverting now to Item No, 7, the words "all posts of Medical Officers" convey explicitly the meaning as comprising every individual one; and when these words are read in conjunction with those following, that is "in the following institutions:
(6) Liaquat Medical College/Hospital, Hyderabad", they leave no room for doubt that they would cover the case of every individual serving a Medical Officer in any section or Department of the institution, namely, Liaquat Medical College/Hospital, Hyderabad; and so is the purport Item No, 16.
9. Apparently, therefore, as Item No, 7, includes the post of Medical Officer, Incharge Medico-legal section, it was thus deleted as being a surplusage. While holding that Item No, 7 was inapplicable, the majority opinion of the Sind Service Tribunal did not fully comprehend the meaning of the words "all posts of Medical Officers" and the further fact that there was nothing in this Item to restrict their meaning and, therefore, it fell into an error while giving effect to the deletion of Item No, 17 which pertained to hi section.
10. ' The minority opinion, however, correctly construed Item No, 7 for held that it was applicable to all Medical Officers of the institutions irrespective of the branch or Department to which they were attached. We would also refer here to the letter of the Section Officer-II, Health and Social Welfare Department, Government of Sind, bearing No, S. I. II (H)-14-(744)/73 dated 16/19th February, 1974, wherein he has certified that the appellant was entitled to the non-practising allowance. The departmental interpretation, therefore, is also in accord with the above construction of Items 7 and 16.
11. ' Accordingly, the order of the Tribunal is set aside and the appeal is allowed with costs.