SYED MUHAMMAD ATTIQUE SHAH, J. Through the instant petition under Articl e 199 of the Constitution of Islamic Republic of Pakistan, 1973, the petitioner namely Sher Afzal Khan has prayed as under:- "On acceptance of instant writ petition, the respondents may graciously he directed to pay the pensionary benefit of the petitioner and they also be directed to issue/pay the monthly pension of the petitioner."
2. Brief but relevant facts of the case are that the petitioner was appointed as Chowkidar in Government Primary School Pind Muneem, District Haripur vide order dated 08.11.1995 and served the department for more than 20 years. Lateron, the petitioner on attaining the age of superannuation retired from service in the year 2016. That the respondents only paid Rs. 46504/- and refused to pay the pensionary benefits to the petitioner despite several requests. Hence, the instant writ petition.
3. Arguments heard and record available gone through.
4. Without going deep into the merits of the case, suffice it to say that the issue involved in the present writ petition has already been discussed and decided by this Court in writ petition No. 19-A/2014, which reads as under:- "As there is no denial of the fact that petitioner was initially appointed on fixed pay and subsequently his services were regularized, hence, in view of the Rule 2.3 of West Pakistan Civil Services Pension Rules, 1968, the petitioner is to be paid pensionary benefits from the date of his first appointment. It is well settled law, when any employee on contract is absorbed into regular employment, and there is no break in his service, then period on contract employment has to be considered for counting length of service of pensionary benefits etc. Reliance is placed on 2010 PLC 354 , wherein it is held that:- When an employee was regularized, his total length of service, was to be computed from the day he joined the service that could be temporary or otherwise. Even period of an employee of dailywages would be counted for the purpose of computing pensionary benefits"
5. Therefore, while considering the above as well as the judgments passed by this Court in Writ petitions No. 3394 P/2016, 551-A/2017 and 1035-A/2017, we are not inclined to hold a different view, therefore, while accepting this petition, we direct the respondents to pay all the pensionary benefits to the petitioner by counting his service from the date of his appointment i.e 08.11.1995.
6. As right to pension is conferred by law and cannot be arbitrarily abridged or reduced except in accordance with law, as it is the vested right and legitimate expectation of retired civil servant, therefore, copy of this judgment be circulated to The Secretary Finance and Accountant General, Khyber Pakhtunkhwa to issue directions to all the heads of department and District Accounts officers in Khyber Pakhtunkhwa, to strictly follow the decisions pronounced by the apex Court as well as this Court in number of judgments, on the issue.