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Baluchistan Service Tribunals Act (V of 1974)-----S. 4--Civil Service Regulations, Art. 418--Constitution of Pakistan (1973), Art. 212(3)--Counting of service towards pension--Appeal of Civil servant against refusal of his request for counting his past service towards pension accepted by Service Tribunal--Leave to appeal granted to Government for considering submissions (i) that respondent having tendered unconditional resignation from Department because of his "domestic circumstances" was not entitled to benefit of Art. 418(b) of C.S.R. and his fresh employment in Provincial Department could not be treated as continuation of service of Federal Government; (ii) that respondent was guilty of having played a fraud on the Department under which he was serving by obtaining fresh employment in Provincial Department without applying through his parent Department and (iii) the discretion should not have been exercised by High Court in favour of respondent because of his conduct that appeal of respondent before Service Tribunal was hopelessly time-barred in that he made representation for grant of benefit of Art. 418 of C.S.R. after lapse of more than eight years and his appeal before Service Tribunal was filed beyond period of 120 days and all the delay was condoned by Service Tribunal unjustly and against mandatory provisions of law. ORDER ABDUL KADIR SHAIKH, J.--Facts of this case briefly stated are that respondent after about 16 years of service in Telephone and Telegraphs Department tendered resignation from service under letter dated 17-1-1973 which was accepted with effect from 26-1-1973 under notification of the same date. It seems that he had been earlier selected by the Education Department as a Lecturer which post he joined on the same day, that is, 26-1-1973. In 1981 respondent made an application to the Director T and T Department that the service rendered by him in that department may be counted towards his pension. His request was refused for the reason that he had voluntarily resigned from service on domestic grounds and he was therefore not entitled to the benefit of the provision of Article 418 of C.S.R. which is applicable to a case where the…

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