1988 PLC(CS) 398

1. MALIK MUHAMMAD PARVEZ KHAN (CHAIRMAN).-- Appellant was an employee of C & W Department posted at Dir. He joined the department under the then Ruler of Dir State in the year, 1960. It so happened that later on the State, under the orders of then Government of West Pakistan merged in the Province of West Pakistan and then in the Province of N. -W. F. P. In the year, 1985, the appellant moved an application for retirement under the rules, on the completion of 25 years of service, provided he is granted pensionary benefits. The appellant claimed that he was an illiterate person and could only sign. The said application was written by one S.D.O. namely Jalal-ud-Din on 30-9-1985. The application was accepted and the appellant was sent to his home. He started enquiring from the respondents about the pension but vide impugned order dated 25-1-1987, he was surprised to know that the respondents had refused to grant the said benefits, on the pretext that he has not completed the period of superannuation. His further efforts failed; hence the present appeal on the ground that the respondents were duty bound to inform him that he could not be granted the facility of pension as he has not completed the required length of service, that under Dir, Chitral and Swat (Administration Regulation-I of 1969) all the employees under the then ruler were taken into the service of the Provincial-. Government and that he being the employee of then ruler, his services were regularized from 1960 and accordingly he was entitled to the benefits.

2. Respondents 1 and 2 were proceeded against ex-parte after their service, however, respondent No.3 submitted the written statement and he too even did not contest the appeal stricto senso.

3. We have gone into the record produced by the representative of respondent No.3 and have heard the arguments. We intend to dispose of the case as under:

4. A perusal of application filed by the appellant- would show that it was addressed to XEN B & R Dir Division and it is to the effect that the appellant may be retired and given the benefits of pension and gratuity as he has completed 25 years of service as Mate. The letter and spirit of the application is -the request for the grant of the pension facilities to him. It was incumbent u-ion: the authority to refer his case to the Accounts Office alongwith the service record for getting its opinion as to whether the pension can be allowed to the incumbent or not. He failed to do so, resulting in irreparable loss, mental torture and agony to the appellant alongwith -the financial hardship to him. He appears to be a poor person and unable to bear all these expenses. Under these circumstances, we set aside the impugned order re-instate him in service from the, date he was retired and allow him all the benefits. Copy of the order be sent to the Secretary B & R (C & W) Department to take punitive action against the officers namely the then XEN and S.D.O. Jalal-ud-Din due to whose inefficiency and inaction not only the appellant suffered a heavy loss but consequently the department also met the same fate. Parties are left to bear their, own- costs and file be consigned to the record room.

5. S.Q./78/Sr.N ?????????????????????????????????????????????????????????????????????????????????????? Appeal accepted.