NISAR HUSSAIN KHAN, J.- Petitioner seeks issuance of an appropriate writ for direction to the respondents to release the pension and other service benefits of late Makki Khan (Mulki Khan) to the petitioner being his widow.
2. It is averred in the petitioner that Makki Khan, late husband of the petitioner, was serving as Cook in the Boarding House of Government Higher Secondary School Nizampur, District Nowshera, under the supervision of respondents who was appointed as such in the year 1960. During his service he fell ill and was got admitted in the Lady Reading Hospital, Peshawar due to his kidney problem where he was asked by the Principal of the said School to sign a paper so that he may get pension and other dues. On this assurance, he signed the same whereas later on he came to know that it was resignation on his part and someone was appointed in his stead. It is averred that on sensing the actual position, he, time and again, approached the concerned quarter for the redressal of his grievance that since he did not resign from service, therefore, he be reinstated in service but all his efforts proved abortive. Lastly, he sought release of his pension but that request was not entertained.
3. The respondents as per direction of this court submitted their comments wherein they alleged that Mukki Khan was recruited as Contingent paid servant in Government Higher Secondary School, Nizampur as Cook on 7.2.1960 and his service was not pensionable. It is further averred that later on the Government of Pakistan regularized the contingent paid employees and awarded national pay scale on 1.3.1973. As Makki Khan resigned from service on 1.11.1976, so his regular service was only 3 years and 8 months at the time of resignation, which is not sufficient for his entitlement to pensionary benefits, despite the fact that he served for 13 years, 7 months and 22 days in toto, out of which, his most of period is comprised of contingent service.
4. To resolve the controversy, Rule 2.3 of the West Pakistan Civil servants Pension Rules, 1963 is relevant which is reproduced herein below:- "Temporary and Officiating Service- Temporary and officiating service shall count for pension as indicated below:
(i) Government servants borne on temporary establishment who have rendered more than five years continuous temporary service shall count such service for the purpose of pension or gratuity; and (ii). Temporary and officiating service followed by confirmation shall also count for pension or gratuity".
Sub Rule-(i) of the ibid rule provides that a government servant who has rendered more than 5 years temporary service shall be counted for the purpose of pension or gratuity while subRule-(ii) provides that temporary officiating service followed by confirmation shall also be countable for pension and gratuity.
5. In the case of the petitioner's husband, he was appointed on 7.2.1960 as contingent government servant in Government Higher Secondary School Nizampur while his service was regularized on 1.3.1973. By virtue of above referred rule, his temporary and officiating service which was followed by his regularization shall also be counted for pensionary benefits. As per Chapter-IV, Rule-4.4 of the ibid Rules, a civil servant becomes entitled to pension after qualifying service of not less than 10 years as per formula provided thereunder. As per record, the petitioner resigned from service on 2.10.1976. In this way, his total service turns out to be 16 years, 7 months & 25 days. Thus in view of this backdrop of the facts and law referred to herein above, Makki Khan(Mulki Khan) was entitled to the pensionary benefits as provided in the Rules referred to herein above.
6. The question of limitation though urged but not seriously pressed on behalf of the learned counsel for the respondents. Even if so agitated, it would not be tenable because pensionary benefit is a recurring cause of action which accrues to the affected party on every denial. On the other hand, no illegal action or inaction of authority can be legitimized by efflux of time, particularly which usurps the rights of a citizen. Thus objection on behalf of respondents with regard to delayed filing of the petition is also not tenable.
7. For the reasons discussed above, this petition is allowed and the respondents are directed to release the pensionary benefits of late Makki Khan (Mulki Khan) to her widow as per law and rules provided on the subject alongwith arrears and future pensionary benefits with further direction that the needful be done within a period of two months positively. revisions by the competent authorities. Therefore, it is advisable to consult the official sources or legal professionals for the most up-to-date and accurate information.