Law: West Pakistan Civil Services Pension Rules, 1963

Section: 2.2, 2.5

Law: Punjab Service Tribunals Act, (IX of 1974)

Section: 12(ii)

West Pakistan Civil Services Pension Rules, 1963 Rr. 2.2 & 2.5-Service qualifying for pension-Service rendered as Patwari candidate--Not qualifying-Retirement of Patwari purportedly on completion of 25 years of service qualifying for pension after taking into account period of Patwari candidate-Not sustainable-Punjab Civil Servants Act (VIII of 1974), S. 12 (ii). Province of Punjab v. Muhammad Sharif P L D 1959 S C (Pak.) 61 ref.                                                                                                                                      JUDGMENT M. SALEEM CHAUDHRY (CHAIRMAN).--The record has been pro duced and we have examined the service book of the appellant. According to the entries appearing in the Service Book the appellant was appointed as Patwari on 13th May, 1958. Earlier, from 1954 he has been shown to be "officiating Patwari candidate". The contention of the appellant that the service rendered by him in the capacity of Patwari candidate" did not qualify for pension. The appellant referred to rule 2.2 of the West Pakistan Pension Rules, 1963 which provides as follows: - "2.2. Beginning of service.---Subject to any special rule the service of Government servant begins to qualify for pension when he takes over the charge of the post to which he is first appointed."             Reliance was placed upon an authority from the Supreme Court of Pakistan reported as Province of Punjab v. Muhammad Sharif (P L D 1959 S C (Pak 61) in which it was held chat a "candidate Ziladar" was not a holder of any civil post under the province and was not thus a member of the Ziladari service. It was thus contended that the appellant commenced his service under the Government for the first time an 13th May, 1958 and…