Law: Civil Servants Act, 1973

Section: 5

Law: Civil Service Regulations (CSR)

Section: 357(a),418(b),420,480(b)

Law: Service Tribunal Act, 1975

Section: 4

Civil Servants Act (LXXI of 1973)--- ----S. 5---Service Tribunals Act (LXX of 1973), S.4---Civil Service Regulations, Arts.357(a), 418(b), 420 & 480(b)---Appointment---Counting-of service rendered in previous department---Appellant joined Pakistan Air Force as Flight Lieutenant and was granted Special Purposes Short Service Commission---Subsequently on request of appellant himself he was selected as Section Officer by Federal Public Service Commission---Appellant thereafter tendered resignation for joining his new appointment and he assumed the charge of the post of Section Officer in Office Management Group---Appellant applied for the counting of P.A.F. Service in his new post of Section Officer, but his application was not accepted holding that appellant could not be entitled to any terminal benefits as an officer who was permitted to resign his Commission would not be granted any pension or gratuity---Contention of appellant was that his resignation from P.A.F. was meant to take up another appointment as Section Officer in which his service would be counted for pension and in circumstances it was not resignation of the public service for the purpose of pension in terms of Art.418(b) of Civil Service Regulations, which stipulated that resignation from service to take up another appointment in which the service would count for pension, was not resignation of the public service for the purpose of pension---Validity---Resignation to join a new post was not a resignation to disentitle an official from the protection of pay in the last job---Appellant was granted N.O.C. for the offer of appointment as Section Officer and also that his resignation was accepted for the purpose of joining his new assignment by the P.A.F. Authorities---As both elements of service in the P.A.F. and in the office of Management Group constituted service under the Government of Pakistan and the pension for both was paid from the same source i.e. civil estimates, no exclusive liability by the Air Force was accordingly contemplated in that regard---Accepting appeal concerned authorities were directed by the Service Tribunal to take necessary action for a revised pay fixation as well as…

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