Case Details

Citation(s)
1984 SLG 1533 1984 SLD 1533 1984 PLC 942
Service Tribunal, Punjab
Case No. 143/1720 of 1982, decided on 15th October, 1983.
S. ABDUL, JABBAR KHAN, CHAIRMAN, MALIK ZAWWAR HUSSAIN AND ABDUL HAMID CHAUDHRY, MEMBERS

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GHULAM MUJTABA

VS

DISTRICT EDUCATION OFFICER FAISALABAD AND OTHERS

Law:

Section:

(a) West Pakistan Civil Service Pension Rules, 1963- -- Rr. 1.9 & 1.10-Civil servant facing trial on charge of corruption­-Sanction of pension on reaching age of superannuation - Held, Pension Sanctioning Authority, cannot sanction pension until case decided. (b) West Pakistan Civil Service Pension Rules, 1963- -- R. 1.8-Pension on conviction after retirement - Quantum - Person while in service involved in criminal case and during course of trial retired on reaching age of superannation - Such person after conviction, sanctioned pension by competent authority by imposing 1/3rd cut and such order found to have been passed by authority taking into consideration all relevant facts vie. record of service as well as his conviction - Order so passed, held, not a mechanical order-Pension sanctioning authority, held further has discretion to grant any amount of pension and impose a cut, in circumstances. (c) West Pakistan Civil Service Pension Rules, 1963- -- Rr. 1.9 & 1.10-Pension on conviction after retirement-Power to sanction pension--Held, such powers only vest in competent departmental authority to sanction pension in full or any part. Masud Ahmad Aiaz for Appellant. A. G. Humayun, District Attorney for Respondents. JUDGMENT ABDUL HAMID CHAUDHRY (MEMBER). - Ghulam Mujtaba, S. V Teacher (Rtd.) of Faisalabad has made this appeal under section 4 of the Punjab Service Tribunals Act, 1974, wherein he has impleaded the District Education Officer, Faisalabad, Deputy Director (Schools), Office of the Director of Education, Sargodha Division, Sargodha and the Secretary, Pension Cases Disposal Committee S. G. A. & I. Department, Civil Secretariat, Lahore as respondents. 2. By virtue of this appeal, the appellant has prayed that the impugned order dated 28th February, 1979 (Annexure 'B') be set aside and the respondents be directed to award to the appellant full pension or at least 2/3rd amount of the pension from the date of his retirement as already decided by the competent authority vie. District Education Officer, Faisalabad. 3. Brief facts of the case are that the appellant has been working as Senior Vernacular Teacher in Faisalabad District. He served in…
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