Condonation of deficiencies

2016 PLC(CS) 308 PESHAWAR-HIGH-COURT Judicial Precedent

S. 19Civil Service Regulations, Para. 423Constitution of Pakistan, Arts. 199 & 212Constitutional petitionDeath of an employee having service of nine years and six monthsQualifying service for pensionary benefitsCondonation of deficienciesLeave on full pay or half payEffectBar of Art.212 of the ConstitutionApplicabilityEmployee died having service of nine years and six months

Plea of employee's heirs was that a deficiency of a period not exceeding six months in the qualifying service for pensionary benefits of an official should be deemed to have been condoned automatically

Validity

Qualifying service for pensionary benefits was ten years

Deficiency not exceeding six months in qualifying service for pensionary benefits of an official should be deemed to have been condoned automatically

Even the authority competent to sanction pension might condone the deficiency of more than six months and less than one year provided the official/civil servant died during service or retired prematurly under circumstances beyond his control

Sanction for condonation was not required in the present case as employee had completed more than nine years and six months service which was automatically condonable

Employee had availed leave either on full pay or on half pay which was countable towards his continuous service

Department had illegally deprived the heirs of deceased employee from their due pensionary benefits

Period of extraordinary leave should not be treated as qualified service for pension but only as a bridge between the period of qualifying service

Entire leave availed by the employee was either on full pay or half pay which could not be treated as extraordinary leave

Any interruption in service due to other reason might be condoned provided such interruption was not due to any fault or willful act of civil servant

Accounts Officer was bound to maintain the leave account of civil servant

Heirs of deceased employee did not fall within the definition of "civil servant" and bar of Art.212 of the Constitution would not be applicable against them

Sanctioned leave granted to the employee either on full pay or half pay had illegally and wrongly been treated as leave without pay

Deceased employee had rendered service for more than nine years and six months

Legal heirs of the deceased employee were entitled for the pensionary benefits

Department was directed to immediately grant family pension to the legal heirs of deceased employee

Constitutional petition was allowed in circumstances.