1. ' MALIK ZAWAR HUSSAIN (MEMBER)- Ch. Rehmat Ali Patwari, has filed this appeal against the order.
2. Dated 20th January, 1980 whereby Asstt. Commissioner/Collector, Sialkot, has retired him from service after completion of 25 years of service qualifying for pension and other retiring benefits under section 12 (ii) of the Punjab Civil Servants Act, 1974. He filed the representation but, according to the appellant, it has not been finally disposed of although a period of 90 days has since elapsed.
3. By virtue of this appeal he has prayed that the impugned order of retirement i,e, 20th January, 1980 be set aside and he be re-instated in service.
4. ' We have heard Syed Tatheer Hussain Sherazi, Advocate for the appellant, and the District Attorney for the respondents. It has been argued by the learned counsel for the appellant that the impugned order is illegal because the appellant had not completed 25 years of service qualifying for pension and other benefits. Etc. He has submitted that there was a break of 4 years 3 months 19 days in his service and if this period and the service prior to the break is exclude from the total length of service then the remaining service would be less than 25 years. On the other hand, the learned District Attorney has submitted that the total length of service including interruptions, etc. Of the appellant has been calculated by the Audit Office as 29 years 3 months and 19 days on 3rd November, 1978, and if a period of break in service of 4 years 3 months and 19 days is deducted from it then he would have completed 25 years of service on 3rd November, 1978 while he has been retired by the competent authority on 20th January, 1980. He has also placed reliance on a judgment of the Lahore High Court in Writ Petition No, 1113/S/1980, filed by the appellant in which his Lordship Mr. Justice Gul Muhammad Khan was pleased to dismiss the writ on 7th April, 1980 on the ground that the appellant had completed 25 years' service. He has also drawn our attention to the order of their Lordships Mr. Zakiud-Din Pal and Mr. Karrar Hussain Zaidi on the I. C. A. Of the appellant which too was dismissed. We have given our anxious thought to the contentions of the parties and have also gone through the record and the judgments so cited on behalf of that respondent. The judgment of the High Court dated 7th April, 1980 reveals that his Lordship had observed that according to the calculation of service by the Deputy Commissioner, which was supported by a certificate of District Accounts Officer, Sialkot, the appellant had completed 25 years of service on 3rd November, 1978. Regarding interruptions in service, his Lordship was pleased to place reliance on letter No, FD.SR-III-4-1/77, dated 14th April, 1977 (Annex-Ell) issued by the Finance Department which is reproduced as under : "Interruption due to removal on account of reduction and retrenchment of the post shall, however, is deemed to have been condoned. The period of such interruption shall not, however, count as qualifying service for pension."
5. ' It was finally observed by his Lordship that the appellant shall be deemed to have completed 25 years' service qualifying for pension and other retiring benefits and hence the Writ Petition was dismissed. Even the observation of their Lordships in the I.C.A. Confirms the order of the Single Bench of the Lahore High Court that the appellant had completed more than 25 years of service.
6. In view of the fact that the District Accounts Officer bad issued a certificate in favour of the appellant to the effect that he had completed more than 25 years' service qualifying for pension, etc, and the judgment of the Lahore High Court, we hold that the appellant has completed, the required service to attract the provisions of section 12 (ii) of the Punjab Civil Servants Act. No other arguments had been advanced on behalf of the appellant.
7. ' In view of the above there is no merit in the appeal which is dismissed with no orders as to costs.