Law: Sindh University Employees Pension Statutes, 1974

Section: 2.2,2.3,4.4

Law: Civil Service Regulations (CSR)

Section: 355(b),361,368,370,371,371-A

(a) Sindh University Employees Pension Statutes, 1974--- ----Statutes. 2.2, 2.3 & 4.4---Civil Service Regulations (CSR), Art. 371-A---Contract employee died while in service---Family pension, payment of---Requirements---Employee rendered temporary service for more than six years---Contention of department was that employee did not render minimum length of service to be entitled to the pensionary benefits---Validity---Employee would be entitled to the benefit of pension if his qualifying service was ten years---Service of employee to qualify for pension would begin when he took charge of the post to which he was first appointed---Employee who had not completed qualifying service period of ten years after being confirmed would not be entitled to the pensionary benefits---Appointment on contract basis was a stopgap arrangement made by the employer to do with day to day affairs of a particular nature of job till either the post of that job was created and filled or till a regular appointment was made thereon---Deceased employee, in the present case, had served on contract basis (from 01-12-1997 to 26-04-2004) against the fixed honorarium which period of service could have been counted or added to his pensionary benefits if he had later on (after being appointed on permanent basis) served for ten years more to qualify for pension---Constitutional petition was dismissed in circumstances. 2009 SCMR 769; PLD 1990 SC 719; 1993 SCMR 609; PLD 2008 SC 522 and PLD 2013 SC 829 ref. Chairman, Pakistan Railway, Government of Pakistan, Islamabad and others v. Shah Jehan Shah PLD 2016 SC 534 rel. (b) Civil service--- ----Appointment on contract basis---Effect---Appointment on contract basis was a stopgap arrangement. (c) Sindh University Employees Pension Statutes, 1974--- ----Statute. 2.3, clause second---Word 'Count' as used in statute 2.3---Connotation---Word "count" has been used as against "qualify" or "eligible", which would mean the temporary and officiating service would be counted or added for pensionary benefits, if it is followed by confirmation. THIS JUDGMENT DELIVERED BY: MUHAMMAD IQBAL KALHORO, J.--- Petitioner has approached this Court for the following…

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