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Mst. MUHAMMAD BIBI vs GOVERNMENT OF KHYBER PAKHTUNKHWA through Director Education School (Female) Peshawar art — 2024 PLC(CS) 547 PESHAWAR-HIGH-COURT

Case information

Citation
2024 PLC(CS) 547 PESHAWAR-HIGH-COURT
Court
Peshawar High Court
Year
2024
Reporter
PLC
Parties
Mst. MUHAMMAD BIBI vs GOVERNMENT OF KHYBER PAKHTUNKHWA through Director Education School (Female) Peshawar art
Subject matter
Criminal

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

Mst. MUHAMMAD BIBI VS GOVERNMENT OF KHYBER PAKHTUNKHWA through Director Education School (Female) Peshawar art.9---Civil service---Pensionary benefits, entitlement to---Fundamental right---Question of payment of pensionary benefits is purely a matter pertaining to fundamental rights---Daughter of the petitioner was appointed against a regular vacant post purely on temporary basis in Basic Pay Scale 07---Unfortunately, the employee was murdered along with her sister---after the death of employee, the petitioner being her mother, sought to receive her pension---Question was whether Rr. 2.2 and 2.3 of the relevant Pension Rules read with art. 371-a of the Civil Service Regulation, the service rendered on contract basis/fixed pay could be counted towards regular service after completion of the service necessary for the purpose of pensionary benefits---Civil servant must have completed 10 years of regular service first?---In other words, temporary service couldn't be counted for the purpose of pensionary benefits---However, once the 10 years regular service completion was established, the temporary service, then, could be added up towards pension---Record showed that deceased employee rendered her service on contract basis from the year 2000 (initial appointment) till the 2014 (reappointment against a regular position)---Said employee couldn't render the qualifying 10 years service as a regular civil servant---Hence, her almost 14 years service on contract basis couldn't be counted for the purpose of her pension---In other words, had deceased employee been able to render regular service for the prescribed period of 10 years, her contract service would have been countable for the purpose of pension---Petition was accordingly dismissed.

Other judgments reported in 2024 PLC

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