Law:

Section:

Sind Civil Service Rules, Vol. I--- ----Rr. 9(20), 9(39) & 9(41)-Foreign service-Agricultural Develop­ment Corporation-A functional agency of Provincial Government -executing projects with finances provided by Provincial Government­ Service in Agricultural Development Corporation-Not a "foreign service"-Special pay granted to official for arduous nature of duties in Agricultural Development Corporation - Countable towards pension-Sind Civil Servants Act (XIV of 1973), S. 2(e). JUDGMENT HAMZO KHAN M. KURESHI (CHAIRMAN).-This appeal is directed against the order of the Commissioner, Khairpur Division dated 22-12-1971, calling upon the appellant to refund Rs. 3172 45 overpaid to him towards pension, gratuity and commutation and also reducing his pension by Rs. 17. 50 per month on the ground that he was not entitled to pension on the "special pay" drawn by him during the last three years of the service as he was on "foreign service" in the Agricultural Development Corporation (A. D. C.), Guddu Barrage, Sukkur. The order of the Commissioner was based on the letter of the Comptroller of Sind (as he then was) dated 14-12-1971. The Comptroller stated that it was through oversight that the special pay of the appellant was taken into account while calculating his admissible pension and etc. The appellant in order to stop immediate action against him bad filed a Civil Suit in the Distt: Court Larkana which abated on 22-6-1974 due to change of law hence he filed the present appeal on 29-7-1974. The brief facts of the case are that the appellant was employed in Revenue Department Sind since 1935. He was working as Mukhtiarkar in 1962 when his services were placed at the disposal of Agricultural Develop­ment Corporation (A. D. C.) for employment as Assistant Colonization Officer, Guddu Barrage vide Commissioner's Notification dated 31st July, 1962. By the order of the Governor of West Pakistan he was paid a special pay at the late of Rs. 55 per month which be used to draw in addition to his substantive pay. He retired from service on 26-4-1967. His pension was calculated by the Camptroller at Rs. 444 per month which was duly sanctioned by the Commissioner, Khairpur. He…

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