JAVED IQBAL, J.---Two petitions (C.P. No,1148/2001 and C.P. No,1185/2001) for leave to appeal have been preferred on behalf of Islamia University Bahawalpur (petitioner in both petitions) assailing the judgment dated 22-2-2001 passed by learned Lahore High Court (Bahawalpur Bench) whereby judgment/decree dated 3-4-1993 passed by learned Additional District Judge, Bahawalpur, was kept intact dismissing the appeals of petitioners against judgment/decree dated 29-2-1992 passed by learned Civil Judge whereby the suit of respondent was decreed. The above-captioned two petitions involving common questions of law and facts are being disposed of by this order.
2. Briefly stated the facts of the case detailed history whereof has been given in the impugned judgment are that the respondents preferred two suits and sought declaration to the effect that being permanent employees they were entitled to move-over in the next scale as well as pension and other ancillary benefits, contested hardly by the petitioner but the same were decreed in favour of respondents and appeal filed by the petitioner was also dismissed, hence these petitions.
3. After hearing Mr. Muhammad Munir. Peracha, learned Advocate Supreme Court for petitioner and Ch. Muhammad Akram, learned Advocate Supreme Court for the caveators and having gone through the entire record we are inclined to grant leave on the following points:--
(i) Whether re-employment constitutes a bar for the grant of pension, move-over and ancillary benefits in view of the relevant provisions as contained in the Islamia University Bahawalpur Act, 1975 and the Islamia University Employees (Pension) Statutes, 1979.
(ii) Whether the provisions as contained in the Islarnia University Bahawalpur Act, 1975 and the Islamia University Employees (Pension) Statutes, 1979 can be superseded by Instruction No,36 published in ESTACODE at" page 309 which provides that a person who has been re-employed can take full benefits of service and pension.
(iii) Whether the Lahore High Court, has,ignored the relevant provisions of Islamia University Bahawalpur Officers (Appointment) Statutes, 1977 and resultantly the exact nature of the service of respondents could not be determined having a substantial bearing to set the controvery at naught.