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Case No. 223/610 of 1980, decided on 12th October, 1980.

‑‑ Rr. 2.2 & 2.5‑Service qualifying for pension‑Service rendered as Patwari candidate‑‑Not qualifying‑Retirement of Patwari purportedly on completion of 25 years of service qualifying for pension after taking into account period of Patwari candidate‑Not sustainable‑Punjab Civil Servants Act (VIII of 1974), S. 12 (ii).

Province of Punjab v. Muhammad Sharif P L D 1959 S C (Pak.) 61 ref.

M. A. Riaz for Appellant.

.‑‑The record has been pro duced and we have examined the service book of the appellant. According to the entries appearing in the Service Book the appellant was appointed as Patwari on 13th May, 1958. Earlier, from 1954 he has been shown to be "officiating Patwari candidate". The contention of the appellant that the service rendered by him in the capacity of Patwari candidate" did not qualify for pension. The appellant referred to rule 2.2 of the West Pakistan Pension Rules, 1963 which provides as follows: ‑

"2.2. Beginning of service.--‑Subject to any special rule the service of Government servant begins to qualify for pension when he takes over the charge of the post to which he is first appointed."

Reliance was placed upon an authority from the Supreme Court of Pakistan reported as Province of Punjab v. Muhammad Sharif (P L D 1959 S C (Pak 61) in which it was held chat a "candidate Ziladar" was not a holder of any civil post under the province and was not thus a member of the Ziladari service. It was thus contended that the appellant commenced his service under the Government for the first time an 13th May, 1958 and as such the retirement order passed on 31st December; 1979 was illegal as the appellant had not completed 25 years' service qualifying for pension by that time.

In the circumstances the order of retirement of the appellant could not be sustained as he had not yet completed 25 years' service qualifying for pension. At the best the services in the capacity of a "candidate Patwari" with effect from 1954 to 31st May, 1958 rendered by the appel lant could qualify under rule 2.5 of the West Pakistan Government Servants Pension Rules, 1963 which reads as under: ‑

"2.5. Apprentices and Probationers.‑‑(i) One‑half of the period of apprenticeship qualifies for pension."

In any case the 25 years period prescribed under section 12 (ii) of the Punjab Civil Servants Act was not completed on 31st December, 1979. Moreover the service of the appellant qualifying for pension has not been got verified by the Department from the Audit Department. Thus the Department had no tangible evidence to satisfy us that the appellant had in fact completed 25 years service qualifying for pension. We accordingly accept this appeal with no orders as to costs.

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