FATEH KHAN Versus SECRETARY. MINISTRY OF DEFENCE

MUHAMMAD IRSHAD KHAN (MEMBER). ‑ This petition sought a rehearing of the Appeal No. 24(R) of 1982, whereon a decision has been given by this Tribunal on the basis of a hearing which took place on 1st September, 1983 It is, however, contended herein by the petitioner appellant that in his said appeal he had prayed for the following two reliefs :‑

(i) Setting aside the impugned orders revising, fixation of the appli cant's pay; and

(ii) declaration from this Tribunal that the applicant is entitled to draw civil pension for the period he has rendered civil service in the I.S.I. Organization.

However, in the said decision the prayer mentioned at (i) above was only dealt with while the prayer made at (ii) above was altogether omitted from consideration and discussion. A decision on this point by this Tribunal has, therefore, been solicited by the petitioner‑appellant.

2. A perusal of memo of appeal has shown that the petitioner‑appel lant did seek the relief relating to pension as well but the same appears to have been omitted from consideration of the Tribunal in its judgment, dated 1st October, 1983 based on hearing of 1st September, 1983. We, therefore, proceeded to hear the parties on this issue. We also examined the record of the case and carefully considered the relevant provisions of law.

3. It is an admitted position that the petitioner‑appellant was holding the post of Director in the I.S.I. while in the wake of Administrative Reforms, the President of Pakistan was pleased to approve vide Notification No. 1/1/1973, dated the 14th of September, 1973 the appointment of all Government Servants who were holding a cadre post on the 21st of August, 1973 to All‑Pakistan Unified Grades. According to the Schedule to the Civil Service of Pakistan (Composition and Cadre) Rules, 1954, as it then existed, all posts of Deputy Secretary under the Federal Government and all posts of and above the rank of Joint Secretary under the Federal Government or borne on the strength of a Corporation set up or established by, an organization or an establishment subordinate to, the Federal Government were cadre posts. The post held by the appellant was equi valent to the rank of Joint Secretary in an organization subordinate to the Federal Government. The petitioner‑appellant, being a cadre post holder, thus stood appointed as a member of All‑Pakistan Unified Grades and consequently became a civil servant within the meaning of and for the purposes of the Civil Servants Act, 1973. According to section 19 of the said Act he shall, therefore, be entitled, on retirement, to pension/gratuity in accordance with the Rules. The appeal in this regard is accepted and it is directed that the appellant‑petitioner should be allowed pension, in accordance with the relevant rules, for the services rendered by him on a civil post.

4. This shall form addendum to the decision of this Tribunal, dated 1st October, 1983.

5. Parties to be informed accordingly.

A. E. Appeal dismissed.