' MUHAMMAD MOOSA K. LEGHARI, J.--- Through these appeals, the appellants have assailed the consolidated judgment, dated 6-2-2004, passed by Federal Service Tribunal, Islamabad. The appellants are retired civil servants. They were denied Personal Allowance as a reckonable emolument in the payment of difference of encashment of L.P.R. By the respondents. The relief prayed for by them was also declined by the Federal Service Tribunal. All these appeals contain similar facts and circumstances and, therefore, are being disposed of by this common judgment.
2. Leave to appeal in the matters was granted vide order, dated 27-9-2005 in the following terms:- "Faqir Muhammad Khokhar, J. --- After hearing the petitioners as well as the learned Deputy Attorney-General for Pakistan, we grant leave to appeal to consider, inter alia as to:--
(i) Whether personal allowance drawn by the petitioners ought to have been treated as a part of their substantive pay for the purposes of leave encashment and pensionars benefits in the light of CSR-38(c)(I), F.R.9(28) and Rules 17-18-A and 32 of the Revised Leave Rules, 1980?
(ii) What is the effect and interpretation of Office Memorandum No .F7(15)-R-13/88( Pt), dated 1-2- 1990 issued by the Government of Pakistan, Finance Division, (Regulation Wing)?
' Since a short point is involved, the office is directed to set down these appeals for final hearing within a period of three months."
3. The appellants appeared in person, while learned Deputy Attorney-General argued on behalf of the respondents.
4. The appellants mainly contended that under the provisions of Civil Service Regulation 38(c)(1), Personal Allowance is to be treated for the purpose of calculating leave allowances and pensions as part of an officer's Substantive pay as such the appellants were entitled to the payment of Personal Allowance while calculating their L.P.R. In order to supplement their case, the appellants have placed reliance on the statement of a Section Officer of the Finance Division recorded by this Court in an order having been passed in Federations' Civil Petitions Nos.350 to 399 etc. Decided on 25-7-2002. They further contended that the appellants were discriminated as certain other retired Civil Servants were granted such relief by the respondent. Learned Deputy Attorney-General, however, opposed the move, with a specific denial on instructions, to the plea of discrimination.
4. We have considered the arguments advanced before us, and examined the relevant provisions of rules.
5. It will be beneficial to reproduce hereinbelow Civil Service Regulation 38(c)(1), Fundamental Rule 9(28) and relevant rules of Revised Leave Rules, 1980, as referred in the leave granting order:-- "Civil Service Regulations (C. S. R.) 38(c)(1).--- Personal allowance is treated, for the purposes of calculating leave allowances and pensions, as part of an officer substantive pay, but not for purposes of travelling allowance, unless it has been granted to protect from loss an officer, the pay of whose appointment has been changed.
Fundamental Rules, 9(28).--- Substantive pay means the pay other than special pay, personal pay or emoluments classed as pay by the Governor-General under rule 9(21)(a)(iii), to which a Government servant is entitled on account of a post to which he has been appointed substantively or by reason of his substantive position in a cadre.
Revised Leave Rules, 1980, 17.--- Encashment of refused leave preparatory to retirement.--- (1) If in case of retirement on superannuation or voluntary retirement on completion of thirty years qualifying service a civil servant cannot, for reasons of public service, be granted leave preparatory to retirement duly applied for in sufficient time, he will in lieu thereof be granted lumpsum leave pay for the leave refused to him subject to a maximum of one hundred and eighty days leave on full pay.
(2) Such leave can be refused partly and sanctioned partly but the cash compensation shall be admissible for the actual period of such leave so refused not exceeding one hundred and eighty days.
(3) The payment of leave pay in lieu of such refused leave may be made to the civil servant either in lumpsum at the time of retirement or may, at his option, be drawn by him month-wise for the period of leave so refused.
(4) For the purpose of lumpsum payment in lieu of such leave, only the "Senior Post Allowance" will be included in "Leave pay" so admissible. (emphasis supplied).
(5) In case a civil servant on leave preparatory to retirement dies before completing one hundred and eight days of such leave, his family shall be entitled to lumpsum payment equal to the period falling short of one hundred and eighty days.
18-A Encashment of leave preparatory to retirement.--- (1) A civil servant may, fifteen months before the date of superannuation or thirty years qualifying service on or after 1st July, 1983, at his option, be allowed to encash his leave preparatory to retirement if he undertakes in writing to perform duty in lieu of the whole period of three hundred and sixty-five days or lesser period which is due and admissible. Provided that a civil servant who does not exercise the option within the specified period shall be deemed to have opted for encashment of L.P.R. This amendment shall be effective from the 5th. March, 1990.
(2) In lieu of such leave, leave pay may be claimed at any time during that period at the rate of pay admissible at the time the leave pay is drawn for the actual period of such leave subject to a maximum of one hundred and eighty days.
(3) If at any time during such period leave is granted on account of ill health supported by medical certificate or for performance of Haj, the amount of cash compensation on account of leave pay shall be reduced by an amount equal to the leave pay for half the period of leave so granted, for example, if an employee who has opted for encashment of such leave, has taken sixty days leave, his cash compensation equal to thirty days leave shall be forfeited.
(4) The civil servant shall submit the option to the authority competent to sanction leave preparatory to retirement, who shall accept the option and issue formal sanction for the payment of cash compensation.
(5) For the purpose of payment in lieu of such leave, only the "Senior Post. Allowance" will be included in "Leave Pay" so admissible. (emphasis supplied).
(a) the rate of pay shall be the rate admissible at the time the leave pay is drawn.
32. Pay during leave.--- (1) Leave pay admissible during leave on full pay shall be the greater of:--
(a) The average monthly pay earned during the twelve complete months immediately preceding the month in which the leave begins; and
(b) the rate equal to the rate of pay drawn on the day immediately before the beginning of the leave.
(2) When leave on half pay is taken, the amounts, calculated under clauses (a) and (b) of sub-rule
(1) shall be halved t.) determine the greater of the two rates.
(3) A civil servant shall be entitled to the leave pay at the revised rate of pay if a general revision in pay of civil servant takes place or and annual increment occurs during the period of leave of the civil servant."
6. It will be noted from perusal of the above provisions that though according to C.S.R. 38(c)(1), Personal Allowance is to be treated as part of an officer's Substantive Pay, but according to F.R.9(28) "Substantive Pay" means the pay, other than Special pay, personal pay or emoluments classed as pay.
7. Be that as it may, the service conditions of Civil Servants, with regard to the matters relating to leave, are to be governed by the Revised Leave Rules, 1980, notified for the said purpose, for the simple reason that, the rule, that general provisions should yield to specific provisions is a well- recognized principle of law.
' The plain reading of sub-rule (4) of Rule 17 and sub-rule (5) of Rule 18-A of the Revise' Leave Rules, 1980, would clearly indicate that it is specifically provide( therein that for the purpose of payment in lieu of refused leave preparatory to retirement, only Senior Post Allowance will be included in leave pay so admissible. Meaning thereby that no other allowance would be included and computed for the purpose of payment of pay in lieu of L.P.R. The learned Federal Service Tribunal has elaborately dealt with the matter and arrived at a right conclusion in this context by holding that for payment in lieu of leave, only Senior Post Allowance will be included in the leave pay so admissible.
8. The appellants have not been able to controvert the above legal position. Even the appellants could not make a definite statement with regard to such payment having been made to any other Civil Servant as claimed by them. This plea is, however, categorically controverted by learned Deputy Attorney-General as well as the representative of the Department. In result no other view could be taken in the matter to reverse the decision of Federal Seryice Tribunal. However, while disposing of these appeals, we would observe that keeping in view the fact that the appellants have served the respondents for pretty long time, the respondents shall sympathetically consider the prayer made by the appellants. revisions by the competent authorities. Therefore, it is advisable to consult the official sources or legal professionals for the most up-to-date and accurate information.