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Civil Petition for Leave to Appeal No. 950 of 1982, decided on 15th January, 1983.

(On appeal from the judgment and order of Punjab Service Tribunal, Lahore dated 9‑10‑1982 in Appeal No. 556/1340 of 1981).

--Art. 212(3) read with Punjab Civil Servants Act (VIII of 1974), S. 12 (ii)‑Civil services‑Retirement after completion of 25 years' service‑Leave to appeal‑Granted to consider contention that S. 12 (ii) of Act does not envisage continuous service in one Department and that a person putting in more than 31 years' service cannot be said not to have completed 25 years' service before his retirement could be ordered.

S. Izharul Haq, Advocate Supreme Court of Pakistan, S. Ijaz Ali, Advocate‑on‑Record for Petitioners.

Ejaz Ahmad, Advocate‑on‑Record for Respondent.

Date of hearing: 15th January, 1983.

‑Leave is sought to appeal against the order of the learned Punjab Service Tribunal, Lahore passed in appeal No. 556/1340 of 1981.

2. Noor Muhammad Khan, respondent, Director of Education (on L. P. R.) filed appeal before the Service Tribunal against order dated 11‑12‑80 and final order dated 28‑9‑1981 retiring him from service, after completion of 25 years' service, with full benefits, by the Government .of Punjab, in public interest.

3. Learned counsel's main contention is that section 12 (ii) of the Punjab Civil Servants Act does not envisage continuous service in on department. These words have been imported into this provision of la by the learned Punjab Service Tribunal, and are wholly unwarranted. A person who has put in more than 31 years' service, cannot be said not to have completed 25 years' service before his retirement could be ordered.

4. On going through the order of the learned Tribunal we find that the learned Members of the Tribunal made calculation of the period during which the respondent remained in the service of the Government of Punjab as Deputy Rehabilitation Officer (Temporary) Rehabilitation Department and when he was on deputation with the Central Government as Claims Officer, and thus they came to the conclusion that after deducting his total service with the Central Government, which does not count towards pension in the Punjab Government under rule 2.1 of the Pension Rules, 1963, which is 8 years 1 month and 17 days and the service put in by him with the Punjab Govern ment, which comes to 23 years 5 months and 28 days only, and, therefore, he cannot be retired under section 12 (ii) of the Punjab Civil Servants Act, 1974. The point raised by the learned counsel needs consideration. We grant leave to examine the finding of the learned Service Tribunal. To be heard on the present record with liberty to the parties to file additional documents, if desired. Operation of the impugned order dated 9‑10‑1982 is suspended till final disposal of this petition.

S. Q. Leave granted.

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