MUHAMMAD ABBAS HALEPHOTO vs FEDERATION OF PAKISTAN through Secretary Finance, Government of Pakistan, Islamaba

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MUHAMMAD ABBAS HALEPHOTO VS FEDERATION OF PAKISTAN through Secretary Finance, Government of Pakistan, Islamabad arts. 358, 371-a, 423 & 474(b)---State Bank of Pakistan Banking Services Corporation Staff Regulations, 2005, Regln.17(1)---Pensionary benefits, calculation of---Qualifying service---Tenure of service---Requirement and consideration---Counting of prior service rendered in another department towards pensionary benefits---Entitlement and scope---The issue in the present case was "whether the petitioner's prior judicial service as a Clerk from 1979 to 1984 could be counted toward his pension benefits after his employment with the State Bank of Pakistan"?---Held: Petitioner seemingly possessed a qualifying length of service for pension---This service included his initial tenure as a clerk in the court, which was a regular service in District Judiciary commencing on February 13, 1979, following his appointment under endorsement No. 1300 dated February 11, 1979, issued by the District Judge, and evidenced by the relieving orders dated april 17, 1984, and april 18, 1984---However, the State Bank of Pakistan did not factor in this prior service when calculating his benefits---Furthermore, even if an employee eligible for confirmation against a post during their probationary or ad-hoc period retired before being formally confirmed, they could not be denied confirmation or any associated benefits solely due to their retirement---The record reflected that the petitioner's previous judicial service as a clerk, from February 11, 1979, to april 18, 1984 (a total of five years, two months, and five days)---according to arts. 358, 371-a, 423 and 474(b) of Civil Service Regulations, his previous service on ad-hoc basis with effect from 1979 to 1984 was countable to his regular service for service/pensionary benefits and other fringe benefits---Petitioner was thus entitled to claim the entire service/pensionary dues by counting his previous service, rendered in the district judiciary, to his retirement benefits---Even otherwise, under S. 474(b) of CSR petitioner's case was fully covered under the aforesaid Regulation---The respondent bank was directed to recalculate the petitioner's pension benefits, taking into account his prior service within the judicial district from 1979 to 1984---Constitutional petition was disposed of, in circumstances. Citation Name: 2025 PLC(CS) 1559 KARACHI-HIGH-COURT-SINDHBookmark this Case MUHAMMAD ABBAS HALEPHOTO VS FEDERATION OF PAKISTAN through Secretary Finance, Government of Pakistan, Islamabad Pensionary benefits---Right to claim pension---Tenure of service---Minimum qualifying service---Requirement and consideration---Right to claim a pension is a right connected with the tenure of service, which under the applicable pension rules has to be served by an employee to make him eligible for a pension---So, to claim a pension, the minimum qualifying service is the threshold that has to be crossed first, which would then entitle an employee to claim the pension. Citation Name: 2025 PLC(CS) 1559 KARACHI-HIGH-COURT-SINDHBookmark this Case MUHAMMAD ABBAS HALEPHOTO VS FEDERATION OF PAKISTAN through Secretary Finance, Government of Pakistan, Islamabad art.371-a---Pensionary benefits, calculation of---Qualifying service---Requirement and scope---article 371-a of Civil Service Regulations is clear in its terms that a government servant not employed in a substantive permanent capacity who has rendered more than five years continuous temporary service counts such service for pension or gratuity, excluding the broken period of service, if any, rendered previously---Continuous temporary and officiating service of less than five years immediately followed by confirmation shall also count for gratuity or pension, as the case may be.

MUHAMMAD ABBAS HALEPHOTO vs FEDERATION OF PAKISTAN through Secretary Finance, Government of Pakistan, Islamabad arts — 2025 PLC(CS) 1559 KARACHI-HIGH-COURT-SINDH

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