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K. ESO, JSC (Delivering the Leading Judgment): The facts in this case are not in dispute. They are in deed mostly documentary. What is in dispute, as would be seen hereafter, is the material which the court of trial should have relied upon, in the determination of the issue placed before it. Two important and distinct declaratory reliefs were sought though both were geared towards the same end result and they were -
(1) that the exercise of the discretionary power of the Federal Commissioner for Establishments under his Ministry Circular No. 1 of 1964 and also the Rules for condonation of break-in-service which were attached to the Circular which Rules were made pursuant to the Pensions (Amendment) Regulations, 1963, amending Regulation 15 of the Pensions Act is null and void. The exercise of the discretion was conveyed to the Appellant who was the Plaintiff in the court of first instance in two letters - No. FR. 10789/174 of 25th February, 1977 and No. FR. 10789/179 of 11th March, 19…