Law:

Section:

West Pakistan Civil Services (Pension) Rules, 1963- ---R. 2.l--Service qualifying for pension-Word (paid) in cl. "3"---To be construed as payable -Payability of salary rather than actual payment-True test to qualify service for pension-Officer retired under Removal from Service (Special Provisions) Regulation [C. M. L. A.'s 58 of 1970]-Retirement order set aside by Service Tribunal-Remaining engaged as Advocate during intervening period-No arrears of salary allowed-Entitlement to arrears of salary, in circumstances, held, not renounced by set of against earnings in other profession-Appellant in circumstances, held, deemed to have been paid out of Provincial Fund for intervering period and such period would count towards pension. P L D 1970 S C 415 ref. ORDER S. ABDUL JABBAR (CHAIRMAN).-In this case the appellant was dismissed from service under M. L. Regulation No. 58 with effect from 27-2-1970 by the order of President of Pakistan dated 16-3-1970. His Appeal No. 667174 was accepted by this Tribunal and his dismissed was set aside by order dated With regard to the 13-1-1930. arrears of pay the Tribunal observed as under: - "Since after the dismissal from service, the appellants had been a practising lawyer therefore he had undertaken not to claim any salary from the Government for the period he remained out of service. We accordingly order that the appellant will not get any salary for the period he remained out of service." In pursuance to the aforesaid order the appellant was re-instated into service by the Government of Punjab vide order dated 17-2-1980. The reinstatement order also observed that under his own undertaking be will not be entitled any salary or other remuneration from Government for the period he remained out of service. 2. On 25-5-1980 the appellant received the following communication from the Government of Punjab: - "Your appeal was decided on merits by the Punjab Service Tribunal and there was no scope for obtaining your undertaking to forego consequential benefits of arrears of salary. The undertaking has created another problem for you inasmuch as the period of absence from duty will not count as service qualifying for pension. You may,…

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