' The petitioner is a Research Officer in BS-18 in the Pakistan Law Commission, a research organization. The function of the Pakistan Law Commission is to review the laws and make recommendations to the appropriate Government for essential reforms. The major function of it is to make or bring the laws into accord with the changing need of the society based on the ideology of Pakistan and the concept of Islamic social justice. The petitioner having possessed the degree of M.A. LL.M. In Islamic Studies is assigned the subject of research on Islamic Laws. He also obtained the M. Phil. Degree in Islamic Studies from Allama Iqbal Open University, Islamabad. The topic of his thesis was Contempt of Court Act, 1976 in the light of Islam.
2. The petitioner applied for the grant of two advance increments in terms of para. 15 of the Finance Division O.M. No, F.1(1)-Imp/83, dated 18-8-1983 and matter was referred to respondent No, 2 for his opinion, who refused to grant the same to the petitioner through Finance Division letter No,F.1(12)Imp/94-942, dated 25-8-1994 on the ground that the incentive of two advance increments is admissible only to the professional/technical categories of employees working in the Universities, Colleges, Research Institutions or Technical Departments.
3. Contention of the petitioner is that the Pakistan Law Commission being a Research Institute in the legal research is a technical organization and the petitioner being highly qualified in technical education of law is engaged in the legal research falling within the definition of professional and, therefore, is entitled to the benefit of two advance increments as provided in the O.M. Dated 18-8- 1983.
4. The Ministry of Finance, which is respondent No, 2 in the present petition, has not offered comments in compliance of the order dated 31-10-1996 passed by this Court, however, Mr. Sher Ali, a Section Officer, has submitted the comments under his signatures, as an official of respondent No, 2 were not treated as part of the record. The respondents have neither submitted comments nor have been represented through counsel and no one turned up on their behalf to contest this petition. They are accordingly proceeded against ex parte.
5. The Notification dated 18-8-1983 provides admissibility of advance increments to technical and professional such as, Doctors, Engineers, Educationists, Economists, Management Accountant, Scientists, Geologists, Meteorologists, Archaeologist, Experts in Agriculture, Animal Husbandary and Forestry working in Universities, Colleges, Research Institutions or Technical Departments. The plain reading of Notification in question not containing the words 'Law' or 'Legal' or 'Research Officer', would show that only those persons, who have been specifically mentioned therein, have been declared technical/professional - for the purpose of benefit of two advance increments, but mentioning of the words 'Research Institutions' or 'Technical Departments' apparently in the notification was to grant advance increment to all the persons belonging to the two categories namely ' Technical and Professional', who possesses or acquire higher qualifications. The object behind the scheme is to promote and encourage higher education and to attract the highly qualified person to the jobs in such institutions including the research institutions or technical departments.
6. The question for determination would be whether Pakistan Law Commission can be defined as Research Institute or a Technical Department. The Research in the dictionary meaning is a careful search and investigation; systematic investigation towards increasing the sum of knowledge and to make researches; and to search again. The plain meaning of the word 'Technical' pertains to art, especially a useful art of applied science; industrial, or in the language of, a particular art, a department of knowledge or skill, or a profession, in strict legal or technical language. The word 'Profession' as defined in the dictionary mean's "the act of professing an open declaration; a pretense; an employment not mechanical and requiring some degree of learning; a calling, habitual employment; person engaged in a profession" is called Professional.
7. The research institution is one, which makes research in a special field and possesses knowledge in any department of learning or trained skill, except in the general faith. A person who has some expert knowledge of some branch of law and devotes himself to its investigation, which is something of special character and he acquires knowledge of studying acquaintance and master of learning relating to a profession required skill which includes the intellectual knowledge and activities is a professional. The knowledge derived from study, observation and through special measures in special field is a technical knowledge and similarly a person who makes investigation in such field for the advancement on the subject either theoretical or practical requiring study in a special field does research work.
8. From the above discussion, a person having law degree and knowledge in law and practicing law is defined as Professional. Reference is made to cases Sp. Ihsanul Haq Piracha v. Mr. Wasim Sajjad and others (PLD 1986 SC 200) and Mst. Samra Ashfaq v. Government of N.-W.F.P. And others (1996 SCM R 273).
The petitioner being a Research Officer in Pakistan Law Commission is performing a technical job of making investigation into the existing laws and also proposes the suggestion for reformations.
The research in law is not a job of a common man and it being a highly technical job belongs to a special field requires investigation and study in theoretical as well as practical form. Therefore, the view taken by the respondent that the Pakistan Law Commission is not a research institute or technical department is not correct. The Pakistan Law Commission if is not strictly definable as a research institute it definitely is a technical department. The object of circular is to provide benefit to employees holding Ph.D. And M. Phil. Degrees with purpose to attract highly qualified and talented persons to render services in the specified field, organizations and departments. Any special knowledge in a special field, which requires some skill and activity by application of mind and to draw conclusions from such knowledge is defined as technical, therefore, the meaning of the word ' Technical' cannot be confined to an organization or physical science only. Thus, any service or profession in which a special activity is discharged by a person as his professional duty can safely be termed as technical and the department in which such activity is performed is called Technical Department. The circular in question provides benefit to those employees who fall within the categories mentioned therein and such other persons who were found entitled to the said benefit. Once it is established that a person is discharging a special duty as skill in a research institution or technical department, he is entitled to the benefit of two advance increments under circular in question being part of terms and conditions of the service is granted as of a right and not as a matter of grace or discretion.
9. In the light of the above discussion the petitioner a highly qualified person discharging duty as Research Officer in the Pakistan Law Commission, a research institute/technical department is covered by the definition of professional/technical and is entitled to the benefit of two advance increments under circular dated 18-8-1983. The question of entitlement of a person to the benefit and refusal of the same to an "entitled" is not one and the same matter. Unless an entitlement is determined, the special qualification itself will not make him entitled for the benefit thereof.
Considering the nature of job of the petitioner, I without any hesitation hold that circular dated 18- 8-1983 is applicable to the Pakistan Law Commission and the petitioner is entitled to the benefit of advance increments under the said circular.
10. This writ petition is allowed with no order as to costs.