Law: Civil Servants Act, 1973

Section: 22

(a) Civil service--- ----Pensionary benefits, calculation of---Scopes impugned passed by Single Judge of High Court passed in a suit whereby pension claim of respondent was decreed---Contention of appellants was that the service of respondent with the parent employer was not pensionable and hence the transfer of respondent with the appellants was in fact a date of fresh appointment to calculate his pensionary benefits---Validity---Record disclosed that an application of the respondent was forwarded by parent employer of respondent to the appellants and the respondent was issued a letter whereby his services were confirmed---Several facilities were ensured to respondent at the time of his transfer---Pension relating to past service was declined only on account of a decision taken in the meeting of Board of Directors of Petroleum Refining and Petrochemical Corporation (PERAC) and it was at a belated stage that the Board had realized and decided not to make any payment on that account---Decisions taken after the transfer of the respondent could not have retrospective effect---Terms of the service were ensured at the time of respondent’s transfer, which could not be lifted unilaterally depriving an employee of his post-retirement benefits or any of the terms of transfer to which he was entitled at the time when he was transferred---No interference in the impugned was required, as such, the appeal was dismissed. (b) Civil Servants Act (LXXI of 1973)--- ----S.22---Right of appeal or representation---Limitation---Scopes impugned passed by Single Judge of High Court passed in a suit whereby pension claim of respondent was decreed---Contention of appellants was that the departmental representation itself was barred by time hence the appeal before Service Tribunal ought to have been dismissed on that count---Validity---In terms of S.4 of Service Tribunals Act, 1973, party aggrieved of a final order of departmental authority could prefer an appeal to the Service Tribunal within 30 days of the communication of such order---Appeal of respondent to the Service Tribunal was within time---Said appeal was abated on announcement of the of Supreme Court in Muhammad…

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