Law:

Section:

(a) Civil Service Regulations---- -- R. 526 read with Finance Division O. M. No. F-4 (7)-Reg. 9/72, dated 1st January, 1973-Retired Army personnel-Re-employed in civil post-Deduction of Army pension from pay of civil post-­Power of appointing authority (employer)-Deduction ordered by Military Accountant-General (Audit Office) with order of employer, held, without lawful authority and liable to be struck down. (b) Civil Servants Act (LXXI of 1973)---- -- S. 17 read with Civil Service Regulations, r. 526 and Finance Division O. M. No. F-4 (7)-Reg. 9/72 dated 1st January, 1973­Pay-Civil servant entitled to pay sanctioned for post held by him-­Such guaranteed and vested right cannot be curtailed by office Memo. or by any rule for added reason that theory of pay as state bounty no longer holds field-Rules or instructions inconsistent with provisions of S. 17 of Civil Servants Act, 1973 ceased to operate and cannot be availed of for taking away such vested right guaranteed by S. 17 of Act-Retired Army personnel re-employed m civil post­-Entitled to pay of civil post-Deduction of Army pension from pay of civil post against which re-employed, held, unwarranted and unlawful. M. S. Siddiqui for Appellant. Syed M. Shahudul Huque for Respondents. Date of hearing : 14th September, 1983. JUDGMENT MUHAMMAD IRSHAD KHAN (MEMBER).-The relevant background giving rise to the present appeal is that the appellant joined the Army in 1949 and rose upto the position of Junior Commissioned Officer till July, 1967, when he applied for a post of lecturer in Cantonment Board College, Kharian, in response to an advertisement in the newspaper. He was selected for the post and joined his new assignment on the Ist of September, 1967. Thereafter, the institution, in which he was serving, was taken over by the Federal Education Ministry resulting in governmentalizing of his services with effect from I st June, 1975. He then applied to his new employer for counting of his military services towards the civil pension. His request was not acceded to. Aggrieved thereby he filed an appeal, before this Tribunal, being No. 75 (R) of 1979 which was dismissed by it vide its order, dated the 4th December,…

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