Law:

Section:

Civil service--Pension---Civil servant was on deputation from 13-1-1969 to 25-10-1979--­Repatriation of civil .servant to his parent department---Civil servant was granted earned leave and on expiry of such leave, he opted to retire on completion of qualifying service for pension---Civil servant's claim for pension was not entertained by his parent department on pretext that he had tendered resignation while on deputation---Borrowing department also refused to pay pension on the ground that civil servant's length of service did not qualify him for pension in said department ---Constitutional petition on behalf of civil servant for his entitlement to pension was dismissed by High Court ---Validity-­-Leave to appeal was granted to consider civil servant's plea that story of his resignatuion was false as also its acceptance by Authority and in any case civil servant was never associated with any inquiry relating to submission of resignation by him, its acceptance by authority and subsequent removal of resignation from the file; and to consider further contention that delay in seeking relief could be condoned in entertaining Constitutional petition as petitioner was an invalid female made to run from pillar to post for getting the relief---Points raised involved question of law and of public importance which needed consideration by Supreme Court---Constitution of Pakistan (1973), Art.185(3). ORDER MUHAMMAD BASHIR KHAN JEHANGIRI, J: --This petition for special leave to appeal arises from the judgment of the Peshawar High Court, Peshawar, dated 24-10-1994 whereby Constitutional petition. filed by the petitioner bringing into challenge the refusal of the respondents to grant the petitioner family pension of her deceased husband who had retired from the service of Government of N: W.F.P. in the Buildings and Roads Department. 2. Petitioner's husband Haji Rafiq Ahmad had joined service on 30-12-1953 as Sub-Engineer in the former B&R Department of the Government of N.-W.F.P. Subsequently his services were placed on deputation at the disposal of the Rural Works Programme for the period from 13-1-1969 to 25-10-1979 as District Engineer. On, 26-10-1979 he was…

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