Law:

Section:

Constitution of Pakistan (1973)---Art. 212 (3) read with Civil Service Regulations, 1939, r. 7 (5) and Fundamental Rules, rr. 9 (21) & 9 (25) Pension Calculation of ¬Word "emoluments" in r. 7 (5) of C. S. R., 1939 Definition Special pay not attached to post held by civil servant at time of superannuating and deputation pay Cannot be added to salary of such civil servant for purpose of computing his pension Order of Service Tribunal dismissing appeal of petitioner on such ground Held: unexception¬able Leave to appeal refused. ORDER ASLAM RIAZ HUSSAIN, J. The petitioner seeks Leave to Appeal against the order of the Service Tribunal, Islamabad, dated 12 4 1980, whereby his appeal regarding pension was dismissed. 2. The facts leading to the present case are, briefly, that the petitioner joined Service in Government of India in 1939. On the Partition of the Sub Continent in 1.947 he opted to serve in Pakistan and held various, posts since then. On 16 5 1973, was appointed as Second Secretary in the Central Board of Revenue in Grade 18 where he was drawing the maximum pay of this said scale i.e. Rs. 1,750 plus Rs. 100 as Special Pay Later on, on 23 3 1.974, his services were placed at the disposal of the, Ministry of Production for appointment. as Deputy Secretary in the Board of Industrial Management. A notification in this regard was issued by the Government on 3 4 1974. Terms and condition of his service for this post were, however, not specified. Having reached the age of superannuation he was retired on 3 12 1974 and he relinquished charge on 17 12 1974. It is thereafter, on 26 8 1975 that his terms and conditions were specified and he was given the maximum pay of Rs. 1,800. But on representation it was increased to Rs.2,190 by the Government, break up of which was as follows 1. Pay Rs. 1,750 2. Special Pay Rs. 100 3. Deputation Pay Rs. 340 Total Rs. 2,190 The petitioner expected to be paid pension on this pay but the Accountant General's Office counted his emoluments for the purpose of his pension as Rs. 1,750 only. The petitioner made a representation against it to the relevant authority but received no reply whereupon he filed an appeal before the…

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