1980 PLP (C (PLC(CS))

GHULAM RASOOL SHEIKH (CHAIRMAN).‑In March 1949, the Government of Pakistan Ministry of States and Frontier Regions accorded sanction to the raising of Special Force to patrol the Thole Produce Yard in Karachi. It was placed under the administrative control of the Inspector‑General of Police, Karachi. The cost on account of the maintenance of the above Force was to be borne by the K. P. T. The appellant was appointed as a Subedar in the above Force. He was released from the above Force on 31‑12‑1975 vide Commandant Special Central Constabulary Karachi's order dated 18‑12‑1975. He made representation to the departmental authority on 24‑12‑1975 for the grant of pension and gratuity, but it was rejected on 2‑1‑1976. Being aggrieved, he has filed appeal in this Tribunal on 6‑1‑1970. The counsel for the appellant has raised the plea that the appellant was appointed by the Federal Government and his services were placed under the administrative control and authority of Inspector‑General of Police, Karachi as it was the then a Chief Commissioner's Province. The Chief Commissioner's Province was later on merged with West Pakistan and as such he became civil servant of West Pakistan and on dissolution of One Unit, he became civil servant of the Government of Sind and as such after his retirement on completion of 25 years of service, he is entitled to pensionary benefits, The learned counsel for appellant was called upon to produce the appointment order of the appellant or in the alternative to show whether his post was pensionable. He did not produce any authority on that scope. We are unable to agree with the contention of the appellant. He is not covered by the definition of the term "Civil Servant" as laid down in the Sind Civil Servants Act, 1973 as he did not hold the post in connection with the affairs of the Province of Sind. He was recruited for special' force raised to patrol the Thole Produce Yard of Karachi Port Trust. The latter was a Semi‑Government Organisation and remained a central subject before and during merger period and even after dissolution of One Unit. So far as the grant of pensionary benefits are concerned, he does not satisfy the conditions laid down in rule 2.1 read with rule 1.5 of the West Pakistan Civil Services Pension Rules. According to these Rules the conditions to qualify for pension arc (i) the services must be under Govern ment, (ii) the services must not be non‑pensionable, and (iii) the service must be paid by Government from the Provincial Consolidated fund. In the instant case the appellant's service was not under Government s but it was under the Karachi Port Trust and entire expenditure on account of maintainance of the Special Central Constabulary Force was borne by the K. P. T. and it was not met by Government out of the Provincial Consolidated Fund. Besides the learned counsel for appellant did not produce any authority that the post held by the appellant was pensionable. In the circumstances the appellant was not entitled to pension and we dismiss the appeal accordingly. Appeal dismissed.