| Case ID |
152a252d-7e73-45bc-8390-c70148b4be33 |
| Body |
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| Case Number |
Appeal No. 311/618 of 1980 |
| Decision Date |
Sep 07, 1980 |
| Hearing Date |
|
| Decision |
The Tribunal accepted the appeal and determined that the appellant, who had been dismissed from service, should have his absence from duty counted towards pension eligibility. The decision emphasized that the interpretation of 'paid' in the context of pension rules should be construed as 'payable', recognizing that the appellant's service qualified for pension despite not receiving actual salary during the dismissal period. The Tribunal ruled that the appellant's undertaking not to claim salary during his practice as a lawyer did not disqualify his service for pension. |
| Summary |
This case revolves around the interpretation of pension eligibility under the West Pakistan Civil Services (Pension) Rules, 1963. The key issue was whether the period of absence from service due to dismissal should count towards pension qualification. The Tribunal ruled in favor of the appellant, stating that the term 'paid' in the pension rules should be understood as 'payable', allowing for the appellant's service during the period of dismissal to be counted for pension purposes. This case highlights important aspects of government service regulations and the rights of civil servants regarding pension entitlements, particularly in cases of dismissal and subsequent reinstatement. It underscores the significance of interpreting legal terms in a manner that aligns with the intent of pension eligibility, promoting fair treatment of civil servants who have experienced interruptions in service due to disciplinary actions. |
| Court |
Service Tribunal, Punjab
|
| Entities Involved |
Not available
|
| Judges |
S. ABDUL JABBAR,
S. HAFIZUR RAHMAN
|
| Lawyers |
Not available
|
| Petitioners |
MUHAMMAD SHAUKAT TARAR
|
| Respondents |
GOVERNMENT OF THE PUNJAB
|
| Citations |
1981 SLD 2175,
1981 PLC 324
|
| Other Citations |
P L D 1970 S C 415
|
| Laws Involved |
West Pakistan Civil Services (Pension) Rules, 1963
|
| Sections |
2.1
|