2016 PLP (C (PLC(CS))

MOHAMMAD AZAM KHAN, C.J.

The titled appeal by leave of the Court arises out of the judgment of the Service Tribunal dated 12th June, 2014, whereby the appeal filed by the appellant, herein, has been dismissed.

2. The background of the case is that the appellant was appointed as Junior Clerk in the Auqaf Department. He received last pay from the said office on 31st December, 1972. On 1st January, 1973, he joined the service in the Education Department. At the time of retirement while issuing the Pension Payment Order (PPO), his service for calculating the pensionary benefits was counted from the date he joined the service in the Education Department. He approached the Auqaf Department for payment of pension share of his service rendered in the Auqaf Department amounting to Rs.65513/-. After failing in seeking the remedy, he filed an appeal in the Service Tribunal. The Service Tribunal dismissed the appeal on 12th June, 2014. This judgment of the Service Tribunal is the subject of the present appeal by leave of the Court.

2. Mr. Muhammad Dawood Khan Abbasi, Advocate, counsel for the appellant, submitted that the appellant served in the Auqaf Department for a period of around two years. It was the duty of the Auqaf Department to pay his pension share but the department has refused to do so. The learned counsel referred to a copy of the service book of the appellant which forms part of the paper book in this Court and argued that it is entered therein that he joined the service on 1st January, 1973 before noon and has reported in the Education Department through the Auqaf Department, which is sufficient proof that he joined the Education Department with the permission of the Auqaf Department. The findings recorded by the Service Tribunal that the appellant joined the Education Department without permission of the Auqaf Department is against law and the record. He requested for acceptance of the appeal.

3. While controverting the arguments, Mr. Sajid Hussain Abbasi, Advocate, counsel for the other side, submitted that the judgment of the Service Tribunal is perfectly legal. The appellant joined the service in the Education Department without intimation to the Aquaf Department. He submitted that if a civil servant leaves the department without permission and joins another department, he is not entitled for pensionary benefits for the service rendered in the previous department. He requested for dismissal of the appeal.

4. We have heard the learned counsel for the parties and perused the record. After hearing the counsel for the parties we directed the Advocate-General to produce the original service book of the appellant, which has been produced by the learned Advocate-General. A perusal of the service book reveals that the appellant was inducted into service in the Auqaf Department on 10th November, 1970. He served in the Auqaf Department till 31st December, 1972. The following entry is made in the service book:- Another entry dated 1st January, 1973 is made in the service book which is reproduced as under:- A perusal of both the above reproduced entries reveal that the appellant was appointed as Junior Clerk in the Auqaf Department on 10th November, 1970. He served in the Auqaf Department upto 31st December, 1972 and was relived off the Auqaf Department on 31st December, 1973. He joined the Education Department on 1st January, 1973. His service book maintained by the Auqaf Department was transferred to the Education Department. Meaning thereby that he joined the Education Department with the permission of the Auqaf Department.

5. The Azad Jammu and Kashmir Civil Services Pension Rules, 1971 provide the scheme of services qualifying for pension. Rule 2.2 deals with the proposition. The same is reproduced as under:- "2.2 Beginning of Service.-- Subject to any special rules, the services of a Government servant begins to qualify for pension when he takes over charge of the post to which he is first appointed." A plain reading of the rule makes its abundantly clear that the services of a civil servant begin to qualify for pension when he takes over the charge of the post to which he is first appointed. Rule 2.3 is also relevant, which is reproduced as under:- "2.3 Temporary and officiating service.-- Temporary and officiating service shall count for pension as indicated below:- (i) Government servants borne on temporary establishment who have rendered more than five years continuous temporary service shall count such service for the purpose of pension or gratuity; and (ii) temporary and officiating service followed by confirmation shall also count for pension or gratuity. Para (ii) of Rule 2.3 provides that temporary and officiating services shall also count for pension or gratuity. A perusal of the Rules reproduced, hereinabove, leaves no doubt that when a civil servant is first appointed against a post and later on joins another department with the permission of the former department without any break in service, his period of previous service shall be treated as part of his services. The appellant served in the Auqaf Department for more than two years. He is entitled for pensionary benefits of the said period. The judgment of the service Tribunal is not maintainable. The result of the above discussion is that the appeal is accepted, the judgment of the Service Tribunal as well as the order of the Auqaf Department dated 26th April, 2013 is set aside. The Auqaf Department is directed to pay the share of pension of the appellant for the period of service rendered by him, accordingly. ZC/15/SC(AJ&K) Appeal allowed.