1980 PLP (C (PLC(CS))

S. 12(ii) read with West Pakistan Civil Services Pension Rules, 1963, r. 2.1‑Completion of 25 years of service qualifying for pension‑Only pensionable service to be counted‑Service rendered under Radio Pakistan for about one year between 2 spans of service under Provincial Government‑Neither treated towards pension nor such gap condoned to make total continuous service of 25 years under Provincial Govern ment‑Retirement under S. 12(ii) in circumstances, held, without lawful authority. M. SALEEM CHAUDIIRY (CHAIRMAN).‑The appellant, Mansoor Azhar Farooqi, was Assistant Commissioner. Pakpattan, when, by an order dated 5‑1‑1980, he was retired under section 12(ii) of the Punjab Civil Servants Act. The appellant impugns the order on the ground that he has not yet completed 25 years of service qualifying for pension and, therefore, the order is ultra vires of the Act. 2. The parties were heard. According to the appellant, he joined service with the Provincial Government on 25‑3‑1954 as a clerk in the Secretariat. Somewhere in 1962, he left this service to take up employment under Radio Pakistan, a Central Government organization, as Programme Producer. While he was serving as a clerk in the Secretariat, he had applied for taking the P. C. S. (EB) competitive examination. He was successful in this examination and on appointment joined duty on 2‑4‑1963. Even if his clerical service is taken into account, the total does not make 25 years; the service under Radio Pakistan being with the Central Government and, therefore, not to be counted for purposes of service qualifying for pension. 3. On behalf of the respondent, it was stated that the appellant had continuously been in Government service ever since his first employment on 25‑3‑1954, and the period spent with Radio Pakistan was also pensionable service, although under the Central Government. The Secretariat record shows that the appellant served there in various capacities till 22‑5‑1962. He returned to service under the Provincial Government when he assumed duty in the P. C. S. (E. B.) cadre on 2‑4‑1963. Thus there was no break in continuous service under Government as such. 4. The point at issue is whether, as requited by section 12(ii) of the Civil Servants Act, the appellant has completed 25 years of service qualifying for pension. In this behalf, we should be guided by the Pension Rules applicable to the appellant. Rule 21 of the West Pakistan Civil Services Pension Rules, lays down that, in order to qualify for pension the service must be under the Government, the service must not be non‑pensionable and that the service must be paid by Government from the Provincial Consolidated Fund. Now it is patently a fact that the appel lant's service under Radio Pakistan was not paid out of the Provincial Consolidated Fund, nor was it urged before us on behalf of the respondent that the Federal Government had agreed to contribute towards pension for the period served by the appellant under Radio Pakistan. In view of this we feel that the appellant does not qualify for pension on the basis of having completed 25 years service with the Provincial Government, since that service amounts to 24 years and 11 months on the date the impugned order was issued. However, this service too is in two parts and the period spent outside the Provincial Government has not been condoned to make the total continuous service of 25 years or more. In view of the above we hold the order of 5‑1‑1980 retiring the appellant under section 12(ii) of the Punjab Civil Servants Act to be of no avail and without lawful authority. Petition dismissed.