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CHAIRMAN PAKISTAN ORDNANCE FACTORIES BOARD, WAH CANTT vs SHAHZAD AMIN Regln — 2021 SCMR 1055 SUPREME-COURT

Case information

Citation
2021 SCMR 1055 SUPREME-COURT
Court
Supreme Court of Pakistan
Year
2021
Reporter
SCMR
Parties
CHAIRMAN PAKISTAN ORDNANCE FACTORIES BOARD, WAH CANTT vs SHAHZAD AMIN Regln
Subject matter
Service

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

Judgment text as reported

CHAIRMAN PAKISTAN ORDNANCE FACTORIES BOARD, WAH CANTT VS SHAHZAD AMIN Regln. 371-a---Pensionary benefits, entitlement to---Minimum years of service to qualify for pension---Respondent had rendered 13 years of service---Service Tribunal, which converted respondent's dismissal from service into compulsory retirement, directed the appellant-employer to proceed in the matter of respondent's pension in accordance with the provisions of Regln. 371-a of the Civil Service Regulations ("CSR")and finalize the issue of his pensionary benefits within a period of three months---Legality---Provisions of Regulation No.371-a of CSR made no mention of payment of pension to an employee who had rendered only 13 years of service---Qualifying service for receipt of pension was 25 years which qualifying service had not been rendered by the respondent---In such circumstances the Service Tribunal came to the incorrect conclusion that respondent's case fell within the parameters of Regulation No.371-a of CSR having more than 10 years of service and was therefore entitled to pension---Said conclusion was not only unsupported by the record but also by the Regulation---Impugned order of the Tribunal being unsustainable on facts as well as law was set aside with the direction that the respondent was only entitled to a gratuity payment in the sum of Rs.124,000---appeal was allowed.

Other judgments reported in 2021 SCMR

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