IMTIAZ AHMED vs FEDERATION OF PAKISTAN through Secretary Defence Regln

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IMTIAZ AHMED VS FEDERATION OF PAKISTAN through Secretary Defence Regln. 34---Civil Service Regulations (CSR), Regln. 371-A---Pensionary benefits, entitlement to---Minimum years of service to qualify for pension---Scope---Petitioner was appointed as helper in Civil Aviation Authority in the year 2006 on daily wages basis and subsequently was regularized on 26.02.2010---Petitioner stood retired after attaining the age of superannuation on 27.05.2016---Pension was not granted on the ground that petitioner had not completed ten years of service required for grant of pensionary benefit---Validity---Regulation No. 34 of Civil Aviation Authority Employees Pay and Pension Regulations, 2014, clearly spelled out that qualifying service of an employee would commence from the date he took the charge of the post to which employee was first appointed either substantively or in temporary capacity, provided that temporary service was followed without interruption by substantive appointment in the same or other service cadre or post---Article 371-A of Civil Service Regulations (CSR) was clear in its terms that a government servant not employed in a substantive permanent capacity who had rendered more than five years continuous temporary service counts such service for the purpose of pension or gratuity excluding broken period of service, if any, rendered previously---Continuous temporary and officiating service of less than five years immediately followed by confirmation would also count for gratuity or pension, as the case might be---In such circumstances, the petitioner was also entitled for pensionary benefits---Petition was allowed by directing that the service rendered by the petitioner from 2006 to 2010 on daily wages basis had to be considered as regular service and the due pensionary benefits would be available to the petitioner which might be granted to him within one month's time.

IMTIAZ AHMED vs FEDERATION OF PAKISTAN through Secretary Defence Regln — 2024 PLC(CS) 382 KARACHI-HIGH-COURT-SINDH

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