' MUHAMMAD RAZA KHAN (MEMBER).---The case of the appellant was that he retired from service on 8-12-1995 after rendering thirty four years nine months and twenty-four days of service with the respondent department. He was allowed pension and consequential benefits for 34 years of service. However, no benefit was allowed for the extra period of nine months and 24 days. He has demanded for the calculation of pension for the said additional period and the recalculation of commutation value on the said basis. The respondent department was of the opinion that vide notification dated 9-7-1986, the benefits of extra years of service will be admissible only on the completed year of service and, therefore, no benefit could be allowed for a period which was less than a year. The comments had also stated that the appellant had tried to short-cut the procedure and had not exhausted the departmental remedy.
2. The perusal of the record shows that the second objection on behalf of the respondent department was not correct. Departmental remedy was exhausted and a departmental appeal was filed by the appellant on 8-1-1996. So far as the merits of the case are concerned, the appellant has admittedly served for almost 35 years with a deficiency of two months and 6 days only. The ESTACODE had prescribed in several provisions that the deficiency of less than six months is always deemed to have been condoned and the service of a fraction of a year for more than six months will be considered to be a complete year without any requirement of order of condo nation of deficiency. However, the deficiency for more than six months could not be considered as a full year unless the deficiency is condoned by the competent Authority. Thus, the scheme of the policy was that the employees may be extended the maximum benefit for the period of service rendered by them.
' The service for a period of less than six months could also be computed to be a full year after the delay is condoned whereas in the instant case the appellant had undoubtedly rendered service for 9 months and 24 days and this period has to be deemed to be a complete year without any requirement of condo nation from any quarter.
3. Not only in cases of computation of period for the purpose of qualifying service but generally in all practical matters, the fraction of less than half is ignored but the fraction of more than half is considered to be a complete unit. Moreover, in view of general principles of interpretation a provision of law or rule is to be interpreted in favor of the citizen. The deficiency of two months and 6 days can certainly be allowed to be condoned instead of ignoring a period of 9 months and 24 days without any benefit. So far as the department is concerned, it will suffer a petty amount of a benefit of Rs,51 in the pension and less than ten thousand of rupees as commutation amount, but it will have a dual effect - firstly the appellant will get sufficient benefit out of this meager amount and secondly the other employees will be motivated by the ,favorable benevolence on the part of the respondent department. The departmental appeal was already there for almost one year but it is unfortunate to observe that it was not placed before the competent authority for appropriate favorable orders.
4. The clarification of Auditor-General of Pakistan Railways relied by the respondent department cannot supersede the general instructions of the Federal Government contained in the ESTACODE and the policy guidelines for computation of pension. The President was pleased to allow a benefit of 2% increase in pension for each extra year of service rendered beyond thirty years. This benefit was to be extended with the same spirit. The clarification of the AGPR also amounts to declare that the benefit of 2% increase in pension will be calculated in terms of years only and not in terms of months, meaning thereby that a person serving for a couple of months in the extra year beyond thirty years of service will either be allowed benefit for the entire year by condemnation of the deficiency or otherwise, but the pension cannot be computed on the basis of fraction of 2% for the months in a year for rendering extra service.
5. With these observations, the appeal is accepted and the respondent department is directed to recalculate the pension by counting nine months and 24 days as complete one year for the purpose of computation of pensioner benefits and release the said amount to the appellant on the basis of recalculated pension and commutation. No order is made for costs.