Law:

Section:

Civil Service Regulations-------Regln. 423---Pensionary benefits---Length of service---Determination---Civil servant was retired from service after completing 31 years, 11 months and 14 days but he was given pension for 31 years---Plea raised by civil servant was that he was entitled to pensionary benefits for 32 years of service, as only 17 days were short towards completion of 32 years---Validity---Shortage of period, under Regln.423(1) of Civil Service Regulations, not exceeding six months had become automatically condoned---Shortage exceeding six months was also condonable by competent authority, provided the conditions under Regln.423(2) of Civil Service Regulations were fulfilled---Shortage of 17 days' relating to civil servant should not have been disputed by authorities, therefore, Supreme Court allowed the appeal with costs throughout---Appeal was allowed. Muhammad Hayat v. Federation of Pakistan 1997 PLJ (TR) 298 and Federation of Pakistan v. Muhammad Hayat (CP No.2179/1997) ref. Appellant in person. Hafiz S.A. Rehman, Senior Advocate Supreme Court for Respondent. Date of hearing: 16th October, 2009. JUDGMENT SARDAR MUHAMMAD RAZA KHAN, J.--- Muhammad Aslam Khan has filed this appeal, after leave of the Court, from the judgment dated 2-6-1999 of the learned Federal Service Tribunal, Islamabad, whereby, his appeal was dismissed. 2. The appellant served with Agricultural Development Bank of Pakistan. He retired on superannuation, after completion of 31 years, 11 months and 14 days of service. His simple grievance before the Tribunal was that he was given pension for 31 years but 11 months and 14 days were never counted, though short of only 17 days towards completion of 32nd year. 3. It is an admitted fact that the appellant served with the Bank for 17 days short of 32 years. The Tribunal refused to condone the period of 17 days, but in an earlier case Muhammad Hayat v. Federation of Pakistan 1997 PLJ (TR) 298, the Tribunal had condoned nine months and nine days of short service. The aforesaid judgment of the Tribunal was upheld by the Supreme Court in Federation of Pakistan v. Muhammad Hayat C.P. No.2179 of 1997, decided on 26-3-1998. The appellant has…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492