Law:

Section:

(a) Constitution of Pakistan (1973)-----Art. 212(3)--Civil Servants Act (LXXI of 1973), S. 13(ii)--Leave to appeal granted to examine whether order of retirement of a civil servant passed under S. 13(ii) of Act, was in accordance with law. (b) Civil Servants Act (LXXI of 1973)-- ---S. 13(ii)--Civil Service Rules (Punjab), Vol. II, rr. 2.4 & 357-AA-­Qualifying service for pension--Service rendered for a short period in a temporary department and on a temporary post--Appointment of civil servant not for a specified period nor was he dischargeable on payment of wages in lieu of notice--Only post or for that matter department being temporary where civil servant had served, held, would not meet requirement of r. 2.4 (c) Constitution of Pakistan (1973)-- ---Art. 185--Appeal before Supreme Court--Leave granted on jurisdic­tional question and not for examining merits of order--Supreme Court declined to go into question as leave was granted only on jurisdictional question. Ch. A. Waheed Saleem, Advocate Supreme Court for Appellant. Ch. Akhtar Ali, Advocate-on-Record for Respondent. Date of hearing: 26th May, 1985. JUDGMENT SHAFIUR RAHMAN, J.--The appellant, a civil servant, had been granted leave under Article 212(3) of the Constitution to examine whether the order of his retirement passed under section 13(ii) of the Civil Servants Act, was in accordance with law. The claim of the appellant was that no part of the military service rendered by him from 14-4-1942 to 3-1i-1946 was to count as qualifying service for pension. The Tribunal rejected this contention and held that with the addition of a substantial part of the service so rendered the appellant had completed 25 years service and his retirement was competently ordered. The appellant rendered service in the Army from 14-4-1942 to 3-11-1946. He thereafter joined as temporary Superintendent of Police in the Punjab Additional Police on 23-9-1947 and rendered service as such upto 7-7-1948. On the recommendation of the Public Service Commission, against war reserved vacancies the Government of Pakistan recruited the appellant to Pakistan Audit & Accounts Service and he took over as a probationer on 8-11-1949.…

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