JUSTICE (RETD.) MUHAMMAD JEHANGIR ARSHAD, CHAIRMAN - This appeal has been filed by the appellant with the prayer that the services rendered by the appellant as a Junior Clerk in the Government College, Lahore from 13.11.1957 to 1.9.1968 it also counted for the purpose of pension.
2. The facts in brief are that the appellant originally joined as Junior Clerk in Government College, Lahore on 13.11.1957 but resigned on 1.9.1968 and thereafter joined as Lecturer in Jinnah Islamia College,. Sialkot on 2.9.1968. However, on 19.12.1969 the said College was nationalized and the appellant became government-servant from 19.12.1969 whereafter he retired on 19.7.1998. On retirement his length of service was determined from 19.12.1969 to 19.7.1998. The appellant made representation to the competent authority praying that for the purpose of pension the service rendered by him as a Junior Clerk from 13.11.1957 to 1.9.1968 and as a Lecturer in Jinnah Islamia College, Sialkot (though a private college at that time) from 2.9.1968 to 18.12.1969 be also counted.
The Chief Secretary, Government of the Punjab through impugned order dated 15.8.2007 after considering the case of the appellant refused to count the service of the appellant towards pension for. The period he rendered service as a Junior Clerk and also the period he remained employee of private College (Jinnah Islamia College, Sialkot) from 2.9.1969 to 18.12.1969. However for the period from 2.9.1968 to 18.12.1969 in Jinnah Islamia College, Sialkot (as private college) the Chief Secretary on compassionate grounds "desired the payment of ex-gratia grant of Rs. Two lacs as or time compensation/grant-in-aid may be sanctioned in his favour" and in pursuance to that order "of desire of the Chief Secretary" the said amount was in fact paid and too received by the appellant. Still being dissatisfied the present appeal has been filed. The appellant who himself argued his case submitted that as the services rendered by him as Junior Clerk in Government College, Lahore from 13.11.1957 to 1.9.1968 and as Lecturer in Jinnah Islamia College, Sialkot from 2.9.1968 to 18.12.1969 was a part of government service, therefore the same should have been counted towards pension as held by the hon'ble Supreme Court of Pakistan in the case of Nafees Ahmad v. Government of Pakistan and others (2000 SCM R 1864) (Supreme Court of Pakistan).
3. On the other hand the learned Assistant District Attorney has argued that:-
(i) As the appellant resigned from the post of Junior Clerk from Government College, Lahore voluntarily, therefore with the acceptance of his resignation his connection with the government stood terminated and now the appellant could not claim any benefit for that period;
(ii) Jinnah Islamia College, Sialkot was neither a statutory body prior to 19.12.1969 when it was nationalized nor the service rendered by him in the said College during the said period could be considered as government service for the purpose of counting pensionary benefits, therefore the appellant could not claim any benefit for the said period;
(iii) Amount of ex-gratia grant/compensation of Rs. Two lacs was received by the appellant, without any protest, therefore, he was estopped from filing this appeal;
4. Arguments considered and record perused.
5. The judgment referred to above of the apex Court and relied upon by the appellant does not apply to the facts and circumstances of the present case and -proceeds on quite distinguishable facts, In the reported judgment there was no question of resignation or rendering service in nongovernment organization but in the instant case the appellant voluntarily resigned from the government service while posted as Junior Clerk in Government College, Lahore and after resignation, his relation with the government service as a government employee stood automatically terminated. Similarly during the period the appellant rendered service in Jinnah Islamia College, Sialkot before nationalization could also not be considered as government service because the said college before the nationalization was purely a private college no nexus with the government at all. Even prior to that date the said college was not a part of any statutory body, therefore, the competent authority rightly turned down the prayer of the appellant for counting the said service in his pensionary benefits. I am also fully in agreement with the contention of the learned Assistant District Attorney that after accepting an amount of Rs. Two lacs as ex-gratia compensation without protest which the appellant is utilizing till date the appellant is estopped from filing this appeal. Accordingly this appeal has no force and the same is dismissed.