Law:

Section:

Civil Servants Act (LXXI of 1973)-------S. 11---Constitution of Pakistan (1973), Art. 212(3)---Civil servant--­Termination of service on completion of project for which he was employed---Service Tribunal while upholding civil servant's termination of service rejected his request for pensionary benefits on the ground that civil servant had put in nine and a half years' service while at least 10 years' service would entitle him to such benefits---Competent Authority, was although empowered to condone such type of gaps, yet civil servant having not made any request to Competent Authority, Service Tribunal could not exercise power of Competent Authority and could adjudicate only, on orders issued by Departmental Authority in terms of S. 4, Service Tribunals Act, 1973---Civil servant claimed that he had made representation for pension and gratuity and that in terms of Government instructions, deficiency of six months or less in qualifying service of Government servant for pension would stand condoned and that Service Tribunal had incorrectly interpreted those instructions---Leave to appeal was granted to consider whether civil servant was entitled to claim pension as claimed by him. Atiq-ur-Rahman Qazi, Advocate Supreme Court and Anwar H. Mir Advocate-on-Record for Petitioner. Tariq Mahmood, Assistant Educational Advisor for Respondents Date of hearing: 8th January, 1996 ORDER SALEEM AKHTAR, J.---The petitioner seeks leave to appeal against the judgment of Federal Service Tribunal whereby his appeal was dismissed. 2. By order dated 13-5-1985 issued by the Project Director, NTTTC, the petitioner was appointed as Deputy Director (Tech.) in the National Technical Teachers Training College, Islamabad. On completion of the project, petitioner's services were transferred to the Project Implementation Cell of Education Project by order dated 28-6-1993. While the petitioner was serving as Deputy Project Director, he was served with a notice for termination of service dated 8-9-1994 informing him that as the competent Authority. has allowed functioning of the Project Implementation Cell up to 30-9-1994, his services would be terminated on 30-9-1994. The petitioner made…

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