MUHAMMAD ABDULLAH Versus PUNJAB ROAD TRANSPORT BOARD

ORDER

SAAD SAOOD JAN, J.‑‑ The petitioner joined service on 1‑3‑1948 in the Transport Department of the Punjab Government as Traffic Manager. Subsequently, the Provincial Government constituted the Punjab Road Trasnport Board, and together with the other staff, transferred the services of the petitioner to the Board. He served the Board till 1969, when he proceeded on leave preparatory to retirement. At the time of retirement, the Board made him the following payments:‑‑

1. Gratuity Rs.30,000

2. Contributory Provident Fund and interest thereon. Rs.22,037.57

3. Bonus Rs.2,562.75

After his retirement he claimed that he was an employee of the Provincial Government and that he was entitled to receive pension. His status as Government servant and entitlement to pension were accepted and the Board was directed to make its contribution towards the leave salary and pension payable to him. After some correspondence between the Government and the Board in which the Government took conflictory positions, it was finally decided that before the pension was paid to the petitioner he should refund the gratuity as well as the contribution made by the Board towards the contributory provident fund already paid to him. The petitioner refunded the gratuity but resisted the return of the contributions made by the Board towards his Contributory Provident Fund. He filed an appeal before the Service Tribunal but without any success. He now seeks leave to appeal from this Court.

2. It is not disputed by the learned counsel for the petitioner that Contributory Provident Fund is payable only to such persons who are not entitled to pension. That being so, the Learned Tribunal was right in holding that after the petitioner has been held entitled to receive pension he could not resist the demand for the refund of the Contributory Provident Fund already paid to him. This petition is without any merit and is hereby dismissed.

M.A.K./M‑973/S Petition dismissed.