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Civil Petition for Special Leave to Appeal No. 1137 of 1976, decided on 23rd November, 1980.

(On appeal from judgment dated 17‑9‑1976 of Service Tribunal, Islamabad in Appeal No. 483 (L) of 1976).

Civil Service Regulations‑

--R. 357‑AA‑Retirement‑Contention that petitioner having not joined any pensionable service, his services with Army could not be counted for retirement‑Point raised, held, required consideration‑‑ Leave to appeal granted.‑[Civil services].

Ch. A. Waheed Saleem, Advocate Supreme Court and Raja Abdul Razzaque, Advocate‑on‑Record for Petitioner.

Nemo for Respondent,

Date of hearing : 23rd November, 1980.

The petitioner who was a Deputy Auditor‑General under the Government of Pakistan was retired on 19‑7‑1973 on the ground that he had completed 25 years service qualifying for pensions. Before this order was passed, he was served with a charge‑sheet on 15‑7‑1972, in consequence of which he was suspended on 9‑8‑1972 which suspension continued till the 17th of August, 1973.

2. On 16‑8‑1973 a show‑cause notice was issued why he should not be compulsorily retired. This notice was issued by the Ministry of Finance and before he could even reply to it, the order of retirement passed on 19‑7‑1973 was received by him. He was allowed L. P. R. for one year. He was, therefore, retired from service on 10‑8‑1974. On 2‑9‑1973 he represented against the order of his retirement and a reply was received by him on 29‑9‑1973. No order was passed declaring the period of his suspension to have come to an end. He, therefore, filed an appeal to the Service Tribunal which was dismissed. Hence this petition for special leave to appeal.

3. It has been contended that

(a) Fundamental Rule No. 56‑DA'and C. S. R. No. 357‑AA have been transgressed ;

(b) The petitioner has not completed 25 years service qualifying for pension. He had, in fact, put in only 22 years and 9 months service when he was asked to retire. He submits that he joined the Army on 14‑4‑1942 and continued to serve there till 3‑11‑1946. He joined the Police service on 20‑9‑1947 in the Provincial Additional Police, West Pakistan. He continued to serve there till July of 1948 when on 8‑11‑1949 he joined the Pakistan Audit and Accounts Service. He submits that if he had joined any pensionable civil service before 19‑9‑1949 which he admittedly did not do, his service with the Army for a period of 5 years could have been counted for retirement Reference in this connection has been made to C. S. R. 357‑AA. Since he had not joined any pensionable service, his service with the Arm could not be counted for retirement.

4. The points raised require consideration. Leave to appeal is, there fore, granted subject to payment of Rs. 1,000 as security. The case shall be heard on the present record but the parties will be at liberty to supplement it by producing additional documents.

Leave granted.

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