Case Details

Citation(s)
1994 SLG 570 1994 SLD 570 1994 SCMR 420
Supreme Court of Pakistan
Civil Appeal No. 255 of 1992, decision dated: 5-10-1993
SAJJAD ALI SHAH, SAEEDUZZAMAN SIDDIQUI AND FAZAL ILAHI KHAN, JJ

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BASHIR HUSSAIN BOKHARI

SECRETARY, MINISTRY OF HOUSING and WORKS, ISLAMABAD and others

Law:

Section:

(a) Civil Service Regulations--Regln. 915(iii)-.--Constitution of Pakistan (1973), Art. 212(3)--­Retirement---Grant of anticipatory pension---Entitlement of civil servant for counting his previous service in a different department in computing his pension---Civil servant had earlier served Settlement Department and subsequently PAY. from where he retired on superannuation ---Leave to appeal was granted to consider whether period of service in Settlement Department be also counted in computing civil servant's pension and whether PAY. Authorities were bound on failure of Settlement Department to send record, to have acted in accordance with Regulation 915(iii), Civil Service Regulations. (b) Civil Service Regulations--- ----Regln. 915(iii)---Constitution of Pakistan (1973), Art.212---Counting of service of previous employment in a different department in computing pension---Civil servant failed to prove that his services were transferred from Settlement Department to PA.F. and in consequence his previous service in Settlement Department be counted towards his pensionary benefits---Civil Servant's appointment in PAY. was a fresh appointment on terms and conditions specifically set out in his letter of appointment after relaxation of his upper age limit---Civil Servant was not entitled in counting his previous service of Settlement Department with that of PAY. for computing his pensionary benefits. JUDGMENT FAZAL ILAHI KHAN, J: ---This appeal by leave of the Court is directed against the order of Federal Service Tribunal, Islamabad, dated 21-11-1991 whereby the appellant's departmental appeal was dismissed and his prayer that his previous service in the Settlement Department be considered for computation of his pension, was refused. The case set up by the appellant before the Federal Service Tribunal in brief was that the appellant served in the Settlement Department from 14-1-1960 up to 23-2-1976 and thereafter on the recommendation of the Deputy Settlement Commissioner (Administration), Lahore, he was inducted in PAF Base, Chaklala as Stenographer with effect from 2A-2-1976 and on attaining the age of superannuation was retired from service on 10-3-1990 rendering…
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