Law:

Section:

(a) Civil Procedure Code (V of 1908)--- ---- O. VII, R. 11---Rejection of plaint---Scope---Court was 'bound' to reject a plaint if same appeared from the statement in the plaint to be barred by any law. (b) Civil service--- ----Retirement benefits---Pension, gratuity and provident fund ---Employee of Government owned company ("the company") sent on deputation to Federal Government subsequently absorbed in the Provincial Government on permanent basis ---Employee retired from Provincial Government and filed a suit claiming retirement benefits from the company---Company filed application for rejection of plaint on the grounds that suit for recovery of retirement benefits was barred by law and time---Said application was allowed by Single Judge of the High Court and suit of appellant was dismissed; held, that appellant was permanently absorbed in the Provincial Government in the year 1995 with all consequential benefits and retired from service in the year 2009 with all pensionary benefits after attaining age of superannuation---Appellant was now seeking to claim the identical retirement benefits from the company, which was not sustainable under the law---Service rules of the company did not provide any deputation and as such when the appellant's service was requisitioned by the Federal Government, he was issued last pay certificate which was dated 07-08-1989---Said letter clearly stated that in compliance with a notification dated 03-06-1989, the appellant was relieved of his duties in the company and there was no mention of deputation or any indication that his lien was kept with the company---Record further reflects that the appellant voluntarily left the company and never returned to his parent department and chose to remain on deputation---Appellant got himself absorbed in the Provincial Government in the year 1995 without consent of the company, therefore, entire claim of appellant in his suit was not sustainable in law---Furthermore suit was filed by the appellant on 11-02-2010, which was about ten years after cause of action accrued to him in the year 1989 when he was relieved from service of the company---Since, the petitioner had retired from the…

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