Law: Civil Service Regulations, 1960

Section: 371-A

Civil Service Regulations (C.S.R.)--- ----Art.371-A---Contract employees subsequently regularized in service---Pension---Conditions of qualifying service---Article 371 of Civil Service Regulations (C.S.R.) did not allow Government servants rendering temporary service in a temporary establishment for more than 5 years to be entitled for grant of pension rather such period could be counted towards calculation of pension only if otherwise entitled to pension by meeting the criteria of qualifying service---Where the services of a contractual employee were converted into regular employment the period spent in contractual employment subject to a minimum of five years could be included in calculating pensionary benefits but only and only in a situation where the employee was otherwise entitled/eligible to receive pension subject to having rendered qualifying service (10 years) in permanent employment---Unless he met the criteria of having served for the duration of the qualifying period, the period spent in contractual employment could not be added to make up for any deficiency in qualifying service for the purpose of eligibility to receive pension. An employee who was employed on contractual basis and was subsequently regularized may be entitled to pensionary benefits provided: i) He was eligible for pension having served for the qualifying period (10 years) as a regular employee. ii) For the purpose of calculating pensionary benefits his service as a contractual employee could be factored in to provide him any financial benefit that may be due to him. iii) The period spent in employment as a contractual employee and as a regular employee could not be aggregated in order to determine his eligibility for entitlement to pension. iv) Eligibility to receive pension was directly related to rendering qualifying service as a regular employee. Unless an employee had performed services in a regular appointment for the duration of the qualifying period (10 years), he was not entitled to receive pension. Chairman, Pakistan Railway, Government of Pakistan v. Shah Johan Shah PLD 2016 SC 534 ref. In case, an employee had served a Government department for the duration of the…

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