ABDUL JABBAR KHAN (CHAIRMAN).--Sarfraz Ali Shah, Retired Storage Officer, Gujranwala, has filed this appeal u/s 4 of the Punjab Service Tribunal Act, 1974 in which he has impleaded the Government of the Punjab through Chief Secretary, Government of the Punjab, Lahore, and the Secretary to Government of the Punjab, Food Department, Lahore, as respondents.
2. By virtue of this appeal he has prayed that the impugned order dated 20-5-1986, whereby the appellant has been retired u/s 12(ii) of the Punjab Civil Servants Act, 1974, be set aside, as being without lawful authority.
3. Brief facts of the case are that the appellant has been retired u/s 12(ii) of the Punjab Civil Servants Act, 1974, by Respondents vide Notification No.SOF-1(43)/74-P-lIt, dated 20-5-1985. As the notification was made in the name of the Governor, therefore, the appellant has straightaway come in appeal before this Tribunal. Hence this appeal.
4. We have heard the learned counsel for the appellant as well as learned District Attorney assisted by the representative of the Department and have perused the entire record of this case carefully with their assistance.
5. The only ground taken in this appeal on behalf of the appellant is that he has not completed 25 years service qualifying for pension, which according to the learned counsel for the appellant is pre-requisite under section 12(ii) of the Punjab Civil Servants Act, 1974.
6. On the other hand the stand of the Department is that the appellant was serving in Government Department from 8-2-1961, some-where in the Co-operative Department at Lahore and in support this contention they have placed on record certain payments so made to him from time to time.
These are cash book entries showing certain payments in his favour. However, besides this disjoined paper nothing has been brought on record to show that the appellant was continuously in Government service without any break.
7. We have given our anxious thought to the only point involved in this case which is, whether the appellant has completed 25 years service in the Department or not, which is pre-requisite of the powers so conferred upon the Governor of the Punjab, under section 12(ii) of the Punjab Civil Servants Act, 1974. We have seen the Service Book which is placed on record and find that the appellant joined Government service as Officiating Inspector Co-operative Societies, Quetta Kalat Region, Quetta in the scale of Rs.120-10-220/10-300, w.e.f. 8-4-1963, and the same was his first appointment in the said Department. The appellant was rendered surplus on 22-11-1972, and joined the Food Department as Assistant Food Controller on 1-6-1,973. He was working as Storage Officer on promotion to BS/16 in the year 1983 and rendered an unbroken service since 8-4-1963 to the date of his retirement on 20-5-1986. We have also taken into consideration from the verification made by the Accountant-General Punjab to the effect that the appellant has not completed 25 years service, which is placed on record at Annexure A/3 alongwith the application. We have settled the law on the point in Mrs. R.A. Khawaja v. Director Education etc. Case No.665/1439 of 1981.
Through this judgment delivered on 6-3-1982, this Tribunal was pleased to hold that entry in the Service Book will always be acted upon unless and until there was some uncontrovertible document to show otherwise. According to the said judgment it was held that the service book entry would form the basis for determination of one's age for retirement purposes. This being the law so settled as the said judgment was not appealed against by the Government and Mrs. R. A.
Khawaja continued in service on the basis of entry recorded in the service book so given in her favour. We have no hesitation to once again reiterate the same law that entry in favour of the appellant will hold water unless the same was found to have been forged/ unreliable or worthy of reliance.
8. Similarly on application of the appellant to the Accountant General Punjab, the said office also after consulting the Service Book of the appellant, recorded that the appellant has not completed his 25 years service and his retirement was not correct.
9. With these circumstances on record, we are of the considered opinion that the document so appended at the belated stage by the representative of the Respondent does not lead us to the conclusion that the service book entry of the appellant was either forged one or, tempered one by somebody in his favour. These two/three documents'', are extracts from the Cash Book entry to show that the appellant', received cash payments in 1961 for certain disjointed period on account' of salary etc. From the Co-operative Department but we do not find anywhere mentioned of the fact that in the Service Book of the appellant maintained in the Co-operative Department the entry recorded on his first entry into service is dated 8-4-1963 and not 1961, as pressed by the representative of the Respondents.
10. In view of the above, we are fully satisfied on the strength of law so settled by us as well as relying on the certificate of the Accountant General, Punjab, in favour of the appellant that the appellant's first appointment was made in the Co-operative Department on 8-4-1963, and thus his retirement vide Notification dated 20-5-1986, would be premature retirement before completing 25 years service qualifying for pension.
11. The result is we accept the appeal, set aside the impugned notification as being without lawful authority and hold the appellant to be continuing in service as if he has never been retired from service, with all back benefits. There will be no order as to costs. Judgment to be communicated to the parties.
A.E./56/Sr.S Appeal accepted.