AHMED YOUSUF Versus GOVERNMENT OF SIND
This appeal arises from the dismissal of the appellant's constitutional petition by the High Court of Sind, which had rejected his claim for pension following his retirement from service under Martial Law Regulation 115. The core legal question was whether the appellant was entitled to count his previous service from 1st June, 1960 towards pension under rule 8 of the West Pakistan Local Councils and Municipal Committees Service Rules, 1963. The Supreme Court held that the appellant's initial appointment as Chairman of the Municipal Committee was on a contractual basis, that his previous service under the Central Government had no nexus, and that the post of Chairman was not covered under rule 8 until subsequently included in the Local Councils Service schedule by notification dated 19th June, 1965. Consequently, his qualifying service for pension commenced from 19th June, 1965, falling short of the ten years required for pension, thereby entitling him only to gratuity. The appeal was accordingly dismissed.
- Whether an employee serving on a contractual basis as Chairman of a Municipal Committee is entitled to count prior contractual and central government service towards pension under rule 8 of the West Pakistan Local Councils and Municipal Committees Service Rules, 1963?
- From which date does service qualify for pension when a post is subsequently included in the West Pakistan Local Councils Service schedule?
- Does service rendered under the Central Government have a nexus for pension purposes with subsequent service under the Provincial Government's local councils?
- Rule 3, West Pakistan Local Councils and Municipal Committees Service Rules, 1963
- Rule 8, West Pakistan Local Councils and Municipal Committees Service Rules, 1963
ZAFFAR HUSSAIN MIRZA. J. ‑‑The question of law which arises for determination in this appeal is whether under rule 8 of the West Pakistan Local Councils and Municipal Committees Service Rules, 1963 (hereinafter referred to as 'the Service Rules'), the appellant was entitled to pension.
2. The facts are that from 15th July, 1950 to 31st May, 1960, the appellant was serving in various capacities in the service of the Province of Sind, in the Refugee Rehabilitation Department and subsequently in the service of Government of Pakistan in the Ministry of Rehabilitation. By notification dated 24th May, 1960, the Commissioner, Khairpur Division, in exercise of powers under section 10 of the Municipal Administration Ordinance appointed the appellant as official member and Chairman of Khairpur Municipal Committee Subsequently, the said Commissioner notified the terms and conditions of the appellant's appointment according to which his tenure of service as Chairman was fixed as five years i.e. the life term of the Committee. The appellant served in the capacity of Chairman, Khairpur Municipal Committee, admittedly on contractual basis until June, 1963, when he was appointed as Chairman, Municipal Committee, Larkana, in which capacity he continued to serve till 20th March, 1972, when he was retired from service under Martial Law Regulation 115.
3. On his retirement the appellant put in the claim for grant of pension on the basis that he had rendered service continuously from 1st June, 1960. But the Secretary, Housing, Town Planning and Local Government Department, Government of Sind, vide his letter dated 7th August, 1975, rejected the claim of the appellant stating, inter alia, as under:‑
"(a) As per entry in your service book, you were appointed as Chairman Municipal Committee Khairpur on contract basis for a period of five years with effect from 1‑6‑1960, without settling any terms and conditions of foreign service with regard to pension and leave salary contributions and as such you severed all connections of previous Government Service rendered temporarily in the Settlement and Rehabilitation Department from 5‑7‑1950 to 31‑5‑1960.
(b) Your service towards pension is to be counted from 19‑6‑1965 viz. the date of inclusion of the post of Chairman Municipal Committee Larkana in the former L.C.S. as you were appointed to this post vide defunct Government of West Pakistan B.D.S.W and L.G. Department notification No.S.O.(LCS)‑‑ 18(3)165 dated 19‑6‑1965. The previous service rendered on contract basis is also not to be counted towards pension.
(c) Your service from 19‑6‑1965 to 12‑1‑1972 is more than five years but less than 10 years and as such you are entitled to gratuity not exceeding one month pay for each completed year of qualifying service subject to a maximum of Rs.12,500."
4. The appellant being aggrieved by the refusal of his claim to pension filed a constitutional petition in the High Court of Sind for redress. The learned Judges of the Division Bench which heard the constitutional petition found that the claim of the appellant to join his service while he was in the employment of Government of Pakistan with his service under the Provincial Government was untenable as there was no nexus between the two. It was held by the learned Judges that the appellant's appointment with effect from 1st June, 1960, as Chairman, Municipal Committee, Khairpur, was on contract basis as revealed by his own service book. Both the services under the Government of Pakistan in the Rehabilitation Department as well as the contractual service as Chairman were not shown to the learned Judges to carry any right to pension. Accordingly the learned Judges held that the service of the appellant towards pension was rightly counted with effect from 9th June, 1965, the date when the post of Chairman of Municipal Committee, Larkana, was included in the former Local Council Service to which the appellant was appointed by the then Government of West Pakistan as per letter dated 19th June, 1965. In this view of the matter the learned Judges dismissed the constitutional petition filed by the appellant in limine by their order dated 3rd April, 1979.
5. The appellant then challenged the order of the Division Bench of Sind High Court in a petition for leave to appeal. This court granted leave in order to consider the contention of the appellant that he was absorbed in the West Pakistan Local Councils Service by virtue of rule 8 of the Service Rules and as such his service must be counted as continuous one with effect from 1st June, 1960 to 12th March, 1972, when he was retired. Counting the service rendered by the appellant in this manner, the appellant claimed that he had put in more than 10 years service and was, therefore, entitled of pension under the law. Learned counsel for the appellant has reiterated the aforesaid argument before us. However, we find no substance in this argument. It appears to us that the West Pakistan Local Councils Service was constituted under rule 3 of the Service Rules promulgated on 8th October, 1961. Under rule 8 as originally enforced the officials, other than Engineers, and Health Officers, specified in the said rule were deemed to have been appointed to the service in the corresponding Class and Grade subject to such terms and conditions as may be determined by the Government. The relevant entry in this rule for the present purpose is the class of the officers mentioned at item (c) which included all officials holding the posts of Secretary Chief Officer, or Principal Officer of a Local Council. It seems that the scheme envisaged initially did not include the post of Chairman in the list of officials deemed to have been appointed to the service. However, rule 8 was amended and further posts were included in item (c) (although not the post of Chairman) but a general provision was made that any other posts specified by the Government from time to time could be included under this item. This amendment was made in 1968. Learned counsel has not been able to show to us how rule 8, when it does not specify the post of Chairman, is applicable to the case of the appellant. No notification of the Government under rule 8 has been placed on the record to show as to when the post of Chairman was included in the Local Councils Service. However, the appellant himself has placed on the record a Gazette notification dated 19th June, 1965, issued by the Government whereby the Schedule of West Pakistan Local Councils Service was amended and the post of Chairman, Municipal Committee, Larkana, held by the appellant was included in the said Schedule. In view of this it seems to us that the appellant became the member of the West Pakistan Local Councils Service with effect from the said date. Be that as it may the service rendered by the appellant under the Central Government cannot be availed of by him towards his pension as already discussed and the contractual service of the appellant prior to his appointment as Chairman Municipal Committee, Larkana, cannot also be added as service qualifying for pension. The claim of the petitioner is accordingly groundless and untenable.
6. In the result this appeal fails and is accordingly dismissed with no orders as to costs.
M.I./A‑204/S Appeal dismissed.