Law: Punjab Civil Servants Act, 1974 

Section: 12 (ii)

Punjab Civil Servants Act (X of 1974) S. 12 (ii) read with West Pakistan Services Pension Rules, 1963, r. 2(10)---Retirement after completion of 25 years' service qualifying for pension--Suspension period included while calculating total service without decision whether full pay for such period allowed-Suspen sion period, .in circumstances, not to be included as qualifying for pension-Excluding such suspension period total service falling less than 25 years-Retirement order in circumstances, held, contravenes basic principle of S. 12 (if) and not justified-Retirement can be enforced only after completion of 25 years of service qualifying for pension-Retirement order set aside-Intervening period treated as duty with full pay.                                                                                                                   ORDER S. ABDUL JABBAR (CHAIRMAN).-This appeal was filed by Muhammad Sabir under section 4 of the Punjab Service Tribunal Act, 1974 in which be has impleaded Deputy Commissioner/Collector, Gujranwala and Commis sioner, Lahore, Division, Lahore as respondents. The appellant has prayed by virtue of this appeal that the impugned order' dated 31-12-1979 be set aside as without lawful authority. The brief facts of the case are that the appellant who has joined service on 2R-12-1947 as Patwari candidate remained suspended for two years 11 months and 24 days i.e. 5-6-1972 to IS-5-1975. The period in which he served as Patwari candidate comes to five years, 5 months and 22 days including the "boy service" of four years, 10 months and 28 days. According to the calcul ations the period of qualifying service for pension would be 24 years, one month and 11 days. The appellant has been retired compulsorily under section 12(ii) of the Punjab Civil Servants Act, 1974 vide order dated 30-1-1979 (Annexure `A'). The representation made by the…