' AFTAB AHMED (MEMBER).---All these thirteen identical appeals involved common question of law as to whether leave granted to a civil servant under rule 27 of the Revised Leave Rules, 1980 on abolition of his post, can be counted towards length of service for pension. It is proposed to dispose of all these appeals by this single judgment recorded in Appeal No,241(P)C.S. Of 2000 (Jehangir Khan v. Commissioner, Afghan Refugees and others).
2. The background of the case is that all the appellants had been employees of Commissioners Afghan Refugees. On completion of various projects and on account of general retrenchment the post of the appellants was abolished and consequently their services were retrenched at different times and dates. Having been so retrenched the appellants applied for leave in accordance with rule 27 (ibid). The matter remained pending consideration with the Authority and finally as per judgment of this Tribunal in Appeals Nos.561-R of 1996 and 85-P of 1996 dated 7-3-1997 and 4-4- 1997 upheld by the Hon'ble Supreme Court vide order, dated 12-3-1998 all the appellants were granted leave which was at their credit at the time of retrenchment. The appellants have now come to the Tribunal after exhausting departmental remedy praying that the period of leave may also be counted towards length of service for the purpose of pension.
3. Qazi Atiq-ur-Rehman, counsel for the appellants in Appeals Nos.240 and 241(P)/C.S. Of 2000 submitted that in accordance with sub-rule (2) of Rule 27 (ibid) duration of the post and the tenure of the incumbent is automatically extended for the period of leave so granted and as such the said leave period should be counted towards length of service. This being the first case of the kind, learned counsel could not, however, refer to any precedent or case-law in support of his contention.
4. Federal Government in the Ministry of Finance and SAFRAN was defended by Mr. Javed Aziz Sandhu, Standing Counsel assisted by M/s. Amir Khan and Ali Sher, Section Officers, while the Commissioner of Afghan Refugees was defended by Syed Asif Ali Shah, Advocate assisted by Mr. Fazale Hakeem, Legal Assistant. AGPR, Peshawar was represented by Mr. Sabz Ali Khan, Senior Auditor. Mr. Niaz Wali, Advocate appeared on behalf of appellants in Appeals Nos.237, 251 to 256 and 287(P)C.S. Of 2000. Arguing the case of the respondents Mr. Javed Aziz Sandhu, submitted that rule 27 of the Revised Leave Rules, 1980 contemplates grant of leave to a civil servant whose services are terminated in consequence of abolition of the post. This rule was only to compensate the civil servant in the form of payment of cash for the leave which he had earned during service but could not avail of before the abolition of the post and consequent termination of service.
Learned defence counsel submitted that such leave which was granted to a civil servant just to compensate him in the form of encashment, could not be added towards length of service nor could it be treated service qualifying for pension. Mr. Sandhu and the representatives of the Finance and SAFRON referred to Chapter 17 of Civil Service Regulation (CSR) as 'Rules for Recurring Service" where under section 407 it is provided as to what type of leave is to count as service qualifying for pension. It states that "all period of leave, other than extraordinary leave, count as service qualifying for pension". Pleading further it was submitted that the leave mentioned in C.S.R.
407 refers to the leave which is availed of by a civil servant during the period he has been in service and not a leave which is sanctioned to a civil servant under Rule 27 of Revised Leave Rules, 1980 after he ceases to be civil servant. The representative of the Finance Division subniitted that since the leave granted under rule 27 (ibid) was not to count as service qualifying for pension, the claim of the appellants was not maintainable.
5. We have considered the arguments and examined the rules cited by the parties in support of their respective stand and are of the view that Revised Leave Rules, 1980 and CSR are independent and cannot be mixed together. Rule 27 is applicable to those Government servants whose services are terminated/retenched in consequence of abolition of the post and are allowed concession of grant of encashment of leave at their credit at the time of such termination/retrenchment. Article 407 of CSR to our mind is applicable to those Government servants who are in service and the leave countable as service qualifying for pension refers to leave granted to such Government servant during the period he had been in service. As such the leave sanctioned to Government servant/civil servant under rule 27 of the Revised Leave Rules, 1980 is distinguishable from the leave granted to a civil/Government servant during the currency of service and this leave countable as service qualifying for pension. The claim of the appellants for counting of the leave granted to them under Rule 27 towards service qualifying for pension, being against the rules, is not maintainable. The appeals are dismissed with no order as to costs. Parties be informed.
6. In some of the appeals question of limitation was also raised but as we propose to decide the appeals on merits, the limitation involved in any appeals/case is hereby condoned.