Law:

Section:

West Pakistan Civil Services Pension Rules, 1963- --Rr. 2.9 & 4.4(3) - Average pay for purposes of pension-Pay drawn by a Provincial Government servant on deputation under Federal Government not excluded from term "pay"-Supervising Tapedar (Grade-5) serving on deputation with Federal Land Com­mission in Grades 16 and 17-Federal Land Commission classifying that such deputation shall not be treated as Foreign Service-Pro­vincial Government though informed by Federal Land Commission not objecting to pay allowed by Federal Lana Commission in Grades-16 and 17-Official on repatriation seeking retirement ­Pension calculated on basis of presumptive pay in Grade-5 which official would have drawn in Parent Department but for his deputa­tion to Federal Land Commission- Held. In absence of any such condition of deputation or any objection on part of Provincial Government as regards pay allowed to official by Federal Land Commission ordinary pension rules would apply under which actual emoluments drawn from basis for calculating average pay for pur­poses of pension. Muhammad Younus Behan for Appellant. Hasan Akbar, A.A.-G. for Respondents. Date of hearing : 25th March, 1985. JUDGMENT MUSHTAK ALI KAZI (CHAIRMAN).-The appellant who retired after having served on deputation with the Federal Land Commission as an Inspection Officer. Grade-17, has been allowed pension calculated on his basic pay as Supervising Tapedar in Grade-5. He has accordingly preferred this service appeal. The facts in brief are that the appellant was serving in Dadu District as Supervising Tapedar, Grade-5 when his services were requisitioned by the Federal Land Commission, Hyderabad under letter, dated 25th Decem­ber, 1973. The appellant was relieved by the Deputy Commissioner, Dadu on 26th December, 1973 and he joined Federal Land Commission at Hyderabad as Kanungo on 27th December, 1973. This post was later on re-designated as Assistant Inspection Officer, with effect from the date of appellant's taking over charge, in N.P.S. 16 plus Rs. 100 as Special Pay. These orders were communicated from Prime Minister's Secretariat, Rawal­pindi and the Deputy Commissioner, Dadu was also informed of the new…

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