MUHAMMAD ASLAM KHAN vs AGRICULTURAL DEVELOPMENT BANK OF PAKISTAN through Chairman
This civil appeal arises from a judgment of the Federal Service Tribunal dismissing the appellant's claim for the counting of an additional period of 11 months and 14 days towards his pension after retirement on superannuation from the Agricultural Development Bank of Pakistan. The core legal question was whether a deficiency of 17 days short of the 32nd year of service could be condoned for pensionary benefits. The Supreme Court held that under Article 423(1) of the Civil Service Regulations, a deficiency of a period not exceeding six months in the qualifying service is deemed to have been condoned automatically, and therefore the appellant's shortage of 17 days should not have been disputed. The Court set aside the Tribunal's judgment and accepted the appeal, laying down the principle that deficiencies in service not exceeding six months stand automatically condoned under the Civil Service Regulations for pension purposes.
- Whether a deficiency in qualifying service not exceeding six months is automatically condoned for pension?
- How is the qualifying period for pension calculated when an employee retires on superannuation?
- Can the competent authority condone a deficiency of service exceeding six months under the Civil Service Regulations?
- Article 423(1), Civil Service Regulations
' SARDAR MUHAMMAD RAZA KHAN, J .--- Muhammad Aslam Khan has filed this appeal, after leave of the Court, from the judgment dated 2-6-1999 of the learned Federal Service Tribunal, Islamabad, whereby, his appeal was dismissed.
2. The appellant served with Agricultural Development Bank of Pakistan. He retired on superannuation, after completion of 31 years, 11 months and 14 days of service, His simple grievance before the Tribunal was that he was given pension for 31 years but 11 months and 14 days were never counted, though short of only 17 days towards completion of 32nd year.
3. It is an admitted fact that the appellant served with the Bank for 17 days short of 32 years. The Tribunal refused to condone the period of 17 days, but in an earlier case Muhammad Hayat v.
Federation of Pakistan 1997 PLJ (TR) 298, the Tribunal had condoned nine months and nine days of short service. The aforesaid judgment of the Tribunal was upheld by the Supreme Court in Federation of Pakistan v. Muhammad Hayat C.P. No,2179 of 1997, decided on 26-3-1998. The appellant has clearly been discriminated.
4. The qualifying period for pension in A.D.B.P. Is 30 years but this is referable only when some employee seeks retirement after completion of qualifying service and before supreannuation. In the intant case, the period relevant is the one which appellant has practically served for till attaining the age of superannuation. When retirement is obtained on supreannuation, it is the total period spent which requires to be counted. The law has clearly provided remedy for the wrong involved.
Article 423(1) of Civil Service Regulations under Chapter XVII and heading "Condonation of Interruptions and Deficiencies", lays down as follows:--- "423.(1) A deficiency of a period not exceeding six months in the qualifying service of an officer shall be deemed to have been condoned automatically.
(2) The authority competent to sanction pension may condone a deficiency of more than ,six months but less than a year subject to the following conditions, namely:--
(a) The officer has died while in service, or has retired under circumstances beyond his control, such as on invalidation or the abolition of his post, and would have completed another year of service if he had not died or retired.
(b) The service rendered by him had been meritorious."
5. The perusal of the above article would, undoubtedly, suggest that the shortage of period not exceeding six months becomes automatically condoned. Rather, the shortage exceeding six months is also condonable by the competent authority, provided the conditions under sub-Article
(2) above are fulfilled. In the circumstances, the shortage of 17 days relating to the appellant should not have even been disputed by the department.
6. Consequently, the impugned judgment dated 2-6-1999 of the Federal Service Tribunal is set aside and the appeal is hereby accepted with costs throughout.
Cited by 1 case
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