1. ' SALEEM AKHTAR, J.---The petitioner seeks leave to appeal against the judgment of Federal Service Tribunal whereby his appeal was dismissed.
2. By order dated 13-5-1985 issued by the Project Director, NTTTC, the petitioner was appointed as Deputy Director (Tech.) in the National Technical Teachers Training College, Islamabad. On completion of the project, petitioner's services were transferred to the Project Implementation Cell of Education Project by order dated 28-6-1993. While the petitioner was serving as Deputy Project Director, he was served with a notice for termination of service dated 8-9-1994 informing him that as the competent Authority, has allowed functioning of the Project Implementation Cell up to 30-9- 1994, his services would be terminated on 30-9-1994. The petitioner made representation by letter dated 28-9-1994 in which he, inter alia, requested for re-consideration of his case and for grant of pension and gratuity or he may be absorbed in an equivalent post under the Federal Government.
2. The petitioner does not seem to have received any reply and he, therefore, filed appeal before the Service Tribunal in which it was, inter alia, alleged that the project had not been closed, but the donor agencies had informed that the project may continue till 31-12-1994. The Tribunal dismissed the appeal holding that as the petitioner was employed for a project, the notice for termination of his services was legal. As regards pension and gratuity, it was observed as follows:-- "...... a civil servant, who has rendered at least ten years' service is entitled to claim pensioner benefits. In this case, the appellant has only put in 9-1/2 years' service, which is less by six months.
3. Under C.B.R. 371, the competent Authority is empowered to condone such type of gaps and examine all points as per para. 4 of the judgment, but the appellant, as the record shows, had not made any request to the competent Authority and this Tribunal, we are afraid, cannot exercise the power of the competent Authority and can adjudicate only on the orders issued by the departmental authority as contemplated under section 4 of the Service Tribunal Act, 1973.
4. Therefore, this prayer is also misconceived." petitioner had made representation for pension and gratuity and that in terms of Government instructions quoted in ground (c) of the petition, deficiency of six months or less in the qualifying service of a Government servant stands condoned and that the Tribunal had incorrectly interpreted these instructions. Leave' is granted to consider the question whether the petitioner is entitled to pension as claimed by him.