Law:

Section:

Civil Service Regulations--- -- Art. 371-A (a)-Appellant serving MES for about 7 years and then joining Army through proper channels without break-On release from Army after about 4 years service rejoining M E S without break-­Army service counted towards pension under Art. 420, Civil Service Regulation-Army service, in circumstances, hell, would not con­stitute interruption in civil service and MES service rendered prior to joining Army counts towards pension. P L D 1975 S C 7 held not applicable. ORDER The appellant joined service in the M. E. S. Department on 6th of June, 1936. On his appointment as V. C. O. in RIASC, he relinquished charge of his post in the M. E. S. on 6-2-1943 and joined the Army on 8-2-1943 (7-2-1943 was Sunday). He was struck off from M. E. S. Establish­ment. On release from the Army service he was 'appointed' as clerk 'B' Grade in M. E. S, with effect from 7-3-1947, and continued in service till 28-3-1968, when he reached the age of superannuation. 2. While determining the amount of pension admissible, the period of service rendered by the appellant from 6-6-1936 to 6-2-1943, was not treated as qualifying for pension, for the reason that his civil service in the M. E. S. was not continuous and was interrupted by Military service from 8-2-1943 to 6-9-1947. It is further argued that the case is not covered under Article 371-A, C. S. R., in view of the fact that "he was not in continuous temporary service on 1-1-1949" CMA & P Lahore's letter No. GI/P/13448, dated 14-1-1972 refers. 3. It would be seen that there are three distinct periods of service (i) in the M. E. S. from 6-6-36 to 6-2-43, (ii) in the Army from 8-2-43 to 6-3-47, (iii) again in the M. E. S. from 7-3-47 to 28-10-68. 4. Military services from 8-2-1943 to 6-3-1947 [along with the period at item (iii) has already been allowed to count towards civil pension under the provisions of Article 356, C. S. R. since no pension was earned under Military Rules. One day's absence on 7-2-43 which was a Sunday has beer treated by the competent authority to be joining time. This is stated to be covered by Article 420, C. S. R. 5. The question arises whether the period of service at item…

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