Citation Name: 2023 PLC(CS) 989 PESHAWAR-HIGH-COURTBookmark this Case Mst. YASMEEN BIBI vs The GOVERNMENT OF KHYBER PAKHTUNKHWA S — 2023 PLC(CS) 989 PESHAWAR-HIGH-COURT

Case information

Citation: 2023 PLC(CS) 989 PESHAWAR-HIGH-COURT
Court: Peshawar High Court
Year: 2023
Reporter: PLC
Parties: Citation Name: 2023 PLC(CS) 989 PESHAWAR-HIGH-COURTBookmark this Case Mst. YASMEEN BIBI vs The GOVERNMENT OF KHYBER PAKHTUNKHWA S
Subject matter: Service
Provisions referred to: S. 19; Khyber Pakhtunkhwa Civil Servants Act (Amendment)

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

Citation Name: 2023 PLC(CS) 989 PESHAWAR-HIGH-COURTBookmark this Case Mst. YASMEEN BIBI VS The GOVERNMENT OF KHYBER PAKHTUNKHWA S.19(4), provisos 2 & 3 added by Khyber Pakhtunkhwa Civil Servants Act (Amendment), 1973---West Pakistan Civil Service Pension Rules, 1963, Rr. 2 & 3---Civil Service Regulations, Art. 371-A---Pensionary benefits---Regular qualifying service for pensionary benefits---Scope---Deceased servant was recruited on contract but was later regularized---Held, that for the benefit of Art.371-A of Civil Service Regulation ('C.S.R') one had to complete 10 years regular qualifying service and thereafter, his services, whether on contract or daily wages, would be counted for determination of pensionary benefits but not in isolation to the completion of qualifying service of 10 years---Without completion of qualifying service, the services rendered on contract/daily wages could not be counted---Though husband of the petitioner remained in service on contract for considerable period of eleven years and then he was regularized but he was not eligible for pensionary benefits for not qualifying the legibility criteria i.e. 10 years qualifying service, therefore, his service rendered on contractual side for about eleven years could not be counted for providing relief of pensionary benefits under Art. 371-A of C.S.R or Rules 2.3 of the West Pakistan Civil Services Pension Rules, 1963---Constitutional petition was dismissed, in circumstances.

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