Law:

Section:

Azad Jammu and Kashmir Civil Services Pension Rules, 1971--- ----Rr. 2.3 & 2.2---Joining of employee to other department---Pension benefits, calculation of---Principles---Employee was appointed in department "A" and after that he joined the service in department "B"---Service for calculating the pensionary benefits on retirement was counted from the date when the employee had joined the service of department "B"---Contention of department "A" was that employee had joined the service in department "B" without intimation to department "A" and was not entitled for pensionary benefits for his service rendered in the former department---Appeal by the employee was dismissed by Service Tribunal---Validity---Service book maintained by the former department of appellant was transferred to the other department---Employee joined department "B" with the permission of department "A"---When a civil servant was first appointed against a post and later on joined another department with the permission of the former department without any break in service, his period of previous service was to be treated as part of his service---Employee served in department "A" for more than two years and he was entitled for pensionary benefits of the said period---Judgment of Service Tribunal was not maintainable---Department "A" was directed to pay the share of pension of employee for the period of service rendered by him accordingly---Appeal was accepted by the Supreme Court in circumstances. JUDGMENT MOHAMMAD AZAM KHAN, C.J.--- The titled appeal by leave of the Court arises out of the judgment of the Service Tribunal dated 12th June, 2014, whereby the appeal filed by the appellant, herein, has been dismissed. 2. The background of the case is that the appellant was appointed as Junior Clerk in the Auqaf Department. He received last pay from the said office on 31st December, 1972. On 1st January, 1973, he joined the service in the Education Department. At the time of retirement while issuing the Pension Payment Order (PPO), his service for calculating the pensionary benefits was counted from the date he joined the service in the Education Department. He approached the Auqaf Department for…

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