Law:

Section:

Punjab Civil Servants Act (VIII of 1974)- -- S. 12-Civil servant appointed afresh in another department-­Retired after 19 years on ground of completing 25 years service qualifying for pension-Plea that civil servant was treated as direct recruit and previous service could not be counted towards 25 years qualifying for pension accepted by Tribunal-Civil servant reinstated with back benefits. Noor Muhammad v. Education Department Appeal No. 1556/1340 of 1981 rel. M. A. Riaz for Appellant. A. G. Numayun, District Attorney for Respondent. JUDGMENT MIAN FAIZ KARIM (MEMBER). -Muhammad Hanif has filed this appeal under section 4 of Punjab Service Tribunals Act, 1974 in which he has impleaded the respondent as mentioned above. 2. Through this appeal the appellant has prayed that impugned order of his retirement dated 7th January, 1980 and 26th April, 1983 may be set aside being premature and he be reinstated in service as Inspector of Boilers w. e. f. 7th January, 1980 with full back benefits of pay and allowances. 3. Brief facts and grounds of the appeal are that the appellant applied for the post of Inspector Boiler to the Public Service Commission whose offer of appointment is given below :- "It may be made clear that the appointments of Messrs K. M. Jafri and Muhammad Hanif will be treated fresh appointments and under no circumstances they will be considered as on deputation from the Railway Department." The appellant joined service of the Provincial Government as a direct recruit by fresh appointment w.e.f. 3rd January, 1961 and joined the Industries Department. Now the appellant has received order, dated 7th January, 1980 whereby the appellant has been retired from service on the ground that he has completed 25 years of service qualifying for pension or other retirement benefits under section 12(ii) of Ph. Civil Servants Act, 1974. Aggrieved by the said order the appellant preferred an appeal before this Tribunal. The appellant has stated in his appeal that he had not yet completed 25 years service. He added that only 19 years service has been completed and as such the impugned order was void ab initio. The appellant has further contended for the purpose of…

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