2023 PLC(CS) 277 PESHAWAR-HIGH-COURT

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MULTAN SHAH VS VICE-CHANCELLOR UNIVERSITY OF MALAKAND Prefix to sections cannot control the plain words of the provisions but where some ambiguity exists it can safely be referred and relied upon in aid of construction of statute. R.2.3---Temporary and officiating service---Scope---Petitioners were aggrieved of non-payment of pension by the University authorities---Contention of respondents was that the regular service of petitioners was short of minimum qualifying service for the grant of pensionary benefits and that the period for which they had rendered services as temporary employees could not be counted towards service---Validity---Rule 5 of the Service Pension Statutes of University of Malakand provided that the West Pakistan Civil Services Pension Rules, 1963, were applicable to the University employees---Language whereby the pension rules were adopted by the University itself showed that it shall apply in those areas which were not regulated by the Service Pension Statutes---Service Pension Statutes had nowhere provided any special rule for defining the qualifying service for the grant of pension, as well as the length of service entitling an employee to maximum allowable pension and the respective ratios thereof---Counsel for the University argued that R.9 of the Service Pension Statutes fulfilled the purpose but the rule revealed that it basically provided authority to the Syndicate or Vice-Chancellor to condone interruptions and deficiencies in counting of the service for the purpose of pension---Rule 2.3 of the West Pakistan Civil Services Pension Rules, 1963, provided for counting of temporary or officiating service for the purpose of pension---Constitutional petition was allowed by directing the respondents to count the temporary service of the petitioners for the purpose of determining their qualification and eligibility for the grant of pension and treat them accordingly. Headings and sub-headings of a section may be referred to in aid of interpretation.

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