Law:

Section:

West Pakistan Civil Service (Pension) Rules, 1955-------Chap. II, Rr. 2.1, 2.2, 2.3 & 2.11---Constitution of Pakistan (1973), Art. 199---Constitutional petition---Petitioner joining respondent (Metropolitan Corporation) as P.T.C. Teacher in BS-7 on 13-5-1981 and working in same scale up to 22-5-1989 for eight years---Petitioner applied for B.A., B.Ed.; vacancies which were under administrative control of respondent for which she was fully qualified---Orders of appointment of petitioner on temporary basis were issued and subsequently her appointment was approved by Selection Board on 30-4-1989, imposing condition that petitioner had been selected direct in BS-15 on temporary basis as a fresh appointment without having any benefit of her past service---Petitioner subsequently moved application to Mayor of the Corporation that sanction be accorded to count for service rendered by her in BS-7 towards pension--­Such application was turned down on the ground that petitioner having tendered resignation voluntarily (which had been accepted) she was again newly appointed in BS-15---Petitioner's appeal before Commissioner was also turned down as also her further representation---Validity---Pension Rules as applicable to Government servants from time to time would apply, mutatis mutandis, to servants of Municipal Corporation---Resignation from particular post would forfeit past service of Government only where another post did not count previous service for pension---Petitioner's previous post as also new post both counted for pension on account of applicability of R. 2.3, West Pakistan Civil Service (Pension) Rules, 1955---Resignation and waiver of all rights under past service would appear to be under coercion--­Department of petitioner being the same, no break of even one minute in service of petitioner was pointed out, therefore, respondents were not justified to deny right available to petitioner---Orders in question, denying right to petitioner were illegal and petitioner was entitled to count her past service in BS-7 for pension---Such entitlement of petitioner, however, would not affect seniority of any other person in BS-15. Muhammad Ibrahim Khalil for…

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