1981 PLP (C (PLC(CS))
Present: S. Abdul Jabbar, Chairman and S. Hafiz‑ur- Rehman, Member MUHAMMAD SABIR Versus D. C./COLLECTOR, GUJRANWALA ETC.
| Citation | 1981 PLP (C (PLC(CS)) |
| Forum / Court | Service Tribunal Punjab |
| Bench Members | S. Abdul Jabbar, Chairman and S. Hafiz‑ur- Rehman, Member MUHAMMAD SABIR |
| Parties | Present: S. Abdul Jabbar, Chairman and S. Hafiz‑ur- Rehman, Member MUHAMMAD SABIR Versus D. C./COLLECTOR, GUJRANWALA ETC. |
| Primary Law | Punjab Civil Servants Act (X of 1974)‑ |
Q1: What are the key laws and sections cited in 1981 PLP (C (PLC(CS))?
This judgment primarily cites: Punjab Civil Servants Act (X of 1974)‑ as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1981 PLP (C (PLC(CS))?
The case was heard and decided by the Service Tribunal Punjab bench comprising: S. Abdul Jabbar, Chairman and S. Hafiz‑ur- Rehman, Member MUHAMMAD SABIR.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1981 PLP (C (PLC(CS)) (Present: S. Abdul Jabbar, Chairman and S. Hafiz‑ur- Rehman, Member MUHAMMAD SABIR Versus D. C./COLLECTOR, GUJRANWALA ETC.). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Headnotes / Summary
S. 12 (ii) read with West Pakistan Services Pension Rules, 1963, r. 2(10)‑‑‑Retirement after completion of 25 years' service qualifying for pension‑‑Suspension period included while calculating total service without decision whether full pay for such period allowed‑Suspen sion period, .in circumstances, not to be included as qualifying for pension‑Excluding such suspension period total service falling less than 25 years‑Retirement order in circumstances, held, contravenes basic principle of S. 12 (if) and not justified‑Retirement can be enforced only after completion of 25 years of service qualifying for pension‑Retirement order set aside‑Intervening period treated as duty with full pay.
Judgment & Decree
The learned counsel appearing on behalf of the appellant has submitted that even without going into the merits of the case, section‑ 12(ii) is not attracted to‑ the case of the appellant as his retirement would be pre mature. The learned counsel appearing on behalf of the Government has submitted that the period of suspension is still under consideration so far and there fore, it would not be justifiable to calculate the same in favour of the appellant. We have heard the learned counsel for the appellant as well as the learned counsel for the Government assisted by the Representative of the Department and find that the data available on the record before us clearly establish one fact without any dispute; that the appellant's total service would be 24 years one month and 11 days. With regard to the point raised by the learned counsel on behalf of the Government that the suspension period is under consideration therefore this may not be deducted from the period of service of the appellant, we are constrained to observe that this consideration has taken eight long years and still we do not see any light in spite of clear instructions of this. Tribunal from time to time. In this case, rule 2.10 of Pension Rules, 1960' is as under: ‑ "2.10. Suspension.‑If a Government servant is suspended from service pending enquiry into his conduct, the period of suspension counts for pension if it is immediately followed by re‑installment unless the Government servant re‑instated with forefeiture of a art of his pay or allowances for the period of suspension." In view of the above, we are of the considered opinion that the impugned order in the case of the appellant is not justified as it contravenes the basic principle of section 12(ii) whereby the retirement can only be enforced if the person retired has completed his 25 years qualifying service for pension. Therefore the appeal is accepted and the orders are set aside. Before part ing with this judgment it would be in the interest of justice to observe that he should be treated on duty during the intervening period and entitled to full pay less already drawn pension. Appeal accepted.