Law:

Section:

Civil Service Regulations --- ----Regln. 423---Pension---Condonation of deficiency in the period qualifying for pension ---Essentials---Condonation in length of service was not admissible in case where deficient service would not count for pension even otherwise i.e., claimant was not entitled to get pension---Where claimant was not retired from service in normal circumstances but was retired as a matter of punishment and he had not put in requisite minimum service qualifying for pension, he could not derive benefit of condonation of deficiency in period for becoming eligible to earn pension. Arshad Iqbal for Appellant. Niaz Ahmad Khan, Standing Counsel for Respondents. Date of hearing: 4th August, 1992. JUDGMENT SYED ALLY MADAD SHAH (CHAIRMAN).---Appellant Ziarat Gul, an ex-employee of C.O.D. Karachi, has preferred this appeal for pensionary benefits. The facts in the background are that he was removed from service on account of long absence and order of his removal from service was subsequently modified to that of his compulsory retirement by the department appellate authority and it became effective from 16-2-1982. However, he was denied pensionary benefits on the ground that his service qualifying for pension was short by 27 days of the minimum period of ten years' service qualifying for pension. His pension papers were resubmitted to the CMP, Lahore along-with the certificate of condonation of the deficient period of 27 days made by the commandant, COD, Karachi. The papers were again returned on the ground that the appellant was not entitled to any pensionary benefits as he had not put in the requisite minimum service of ten years qualifying for pension. The appellant made an application to the Military Accountant-General, GHQ, Rawalpindi but did not succeed and he was informed vide letter dated 15-5-1990 that he did not qualify for getting pension. He then preferred this appeal on 19-8-1990. 2. The claim of the appellant for pensionary benefits is based on the provisions of Article 423 of CSR, which is reproduced below: "423. [Substituted by M.F. Notification of F.4(4) Rs(68), dated the 30-1­1971].---(1) A deficiency o£ a period not exceeding six months…

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