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KPT-PENSION-CASE LAWS

2020 PLC (CS) 1529 PESH: Gul Rehman & 3 Others v/s. The NBP, through President, Head Office,
Islamabad & others: JJ

2020 PLC (CS) 1529 PESH (Pg. 1534) (Para. 06) (a): Perusal of record revels that the petitioner are
performing their duties, on different positions in the respondent-Bank since their appointments,
though, on the basis of contracts, but without any break or discontinuation.

2020 PLC (CS) 1529 PESH (Pg. 1534) (Para. 07) (b): It is also an admitted fact that the respondent-Bank is
being benefitted from the labour blood and swear of the petitioners since their appointments and the
services being rendered by them to the respondent-Bank have also been recognized in the comments.
No doubt, such services of the petitioners have contributed a lot towards the prosperity and progress of
the respondent-Bank which neither has been denied nor can be denied by the management of the
respondent-Bank, but still they are not being considered for regularization. Keeping the petitioners as
part-timers for indefinite period for a very meager payment is a forced labour, which is in sheer violation
of their Constitutional Rights, definitely, accrued to them.

2020 PLC (CS) 1529 PESH (Pg. 1535) (Para. 09) (c): Moreover, it is now well established that right to life
as envisaged by Art# 9 of the Constitution, includes the right to livelihood, therefore, same cannot hang
on to the fancies of individuals in authority. Certainly, it shall unmistakably be permissible that the
employment of an employee can be brought to an end, but obviously in accordance with law, whereas
in present case, there was/is no justification for not making their employment permanent, and for
keeping their entire career, rather livelihood exposed and susceptible to the whims of the authorities,
which also hurts the dignity of the petitioners.

2020 PLC (CS) 1529 PESH (Pg. 1536) (Para. 11) (e): Even otherwise, when the dispute/matter is settled
once for all, then respondents are supposed to treat its similarly placed employees on same footing
without compelling them to approach the Courts of Law for their genuine rights in the shape of
unnecessary litigation. The case of present petitioners squarely falls within the ambit/parameters
defined and dilated upon by apex Court as well as by this Court. Accordingly, the respondents, by no
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way, can be allowed to discriminate the petitioners in sheer violation of the judgments referred to
above. We, thus, while extending benefit of the above referred judgments to the petitioners, allow the
instant and all connected petitions with directions to the respondents to regularize the services of the
petitioners against their respective posts with effect from the date when they approached this Court
through their writ petitions, but, for their pensionary and other long term benefits, if any, available
under the law, they would be entitled from the date, when they had joined the service/s of the
respondent-Bank i.e. their initial appointment.

2009 PLC (CS) 389 PESH: Dr. Rizwanullah & 42 Others v/s. Govt. of NWFP through Chief Secretary NWFP
Peshawar & 4 Others: JJ

 The vacancies were duly advertised in the prescribed manner by the Competent authority, the
petitioners applied for the same, they appeared before the Selection Committees/Departmental
Authority in due course and have successfully undergone the tests and interviews thus, were
selected on merits but on contract basis. Their contractual services were consistently renewed
from time to time and they retained the said posts till the promulgation of NWFP Civil Servants
(Amendment) Act, 2005 and through this act they were regularized automatically as per section
2(2) of the act.
 Statutory law has provided two different channels for appointment of the above two categories
of employees. Hence, the appointment of contract employees by the authorities/departmental
heads/selection committees etc. authorized by the Governor is an appointment in the
prescribed manner and similarly for regular appointment of civil servants through Public Service
Commission to a post in civil service of the Province is another mode of appointment in the
prescribed manner. Both the matters/channels on no yardstick or legal basis can be
intermingled for the purpose of holding the contrary view because both have been placed by
the statutory law poles apart. Both the authorities i.e. the one authorized/appointed by the
Provincial Govt. and the Provincial Public Service Commissioner, under the statutory law have
domain over the appointment/selection of two different types/categories of employees.
However, to be more clear the appointments of the petitioners were made by the above
referred authorities in the prescribed manner by the departmental authorities/administrative
secretaries in the manner prescribed by the statutory law i.e. in the prescribed manner.
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Therefore, the petitioners on the strength of section 2(2) of the act are undoubtly entitled to
regularization of their services and they have been duly regularized under the above provision of
law and no executive authority within the Province has been left with any powers or authority to
undo what is intended by the legislature. They have no role to play in the matter except to
determine the inter se seniority of such contractual employees/the petitioners on the strength
of length of their service.
 There is nothing on record to show that the petitioners at any stage were found inefficient or
were complained against their superiors in office almost majority of the petitioners have
rendered services in the field for 4 to 10 years continuously. Thus, in all probabilities the
petitioners have acquired rich experience in the relevant field and may deliver significant
services on this score. Therefore, they would be of much worth in their respective field as
compared to the new entrants/selectees of the Provincial Public Service Commission not
possessed of such log experience. Therefore, this factor is an additional ground, worth
consideration in favour of the petitioners.

2012 PLC (CS) 696 ISB: Chairman PIAC Karachi & 3 Others v/s. Tayyaba Hasnain & another: JJ

2012 PLC (CS) 696 ISB (Pg. 699) (Para. 07) (a): This is an admitted fact that respondent No. 01 remained
in continuous service from the date of her joining i.e. 29.08.1995, till she applied for premature/early
retirement. This is also admitted position that on expiry of contract employment on 28.08.1996, no fresh
contract was offered by the employer and accepted by the employee, and that, date of her absorption is
04.02.2000.

2012 PLC (CS) 696 ISB (Pg. 700) (Para. 09) (b): It is well settled law, with the mandate of dictums of the
Court of Apex that, when any employee on contract is absorbed into regular employment, and there is
no break in his/her service, then period on contract employment has to be considered for counting
length of service for pensionary benefits etc. (the guidance was sought from 1993 SCMR 609).

1993 SCMR 609 SC: Fed of Pakistan & Others v/s. Rais Khan: JJ
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As observed in Section 8(4) of the Civil Servants Act, 1973., makes provision that seniority shall take
effect from the date of regular appointment to a post. The period of ad-hoc service followed by regular
service in the same scale shall be counted towards length of service prescribed for promotion or move-
over in the next higher scale.

2018 PLC (CS) N 134 PESH: Abdul Khaliq v/s. Govt. of Khyber Pakhtunkhwa through Secretary Health & 3
others: JJ

2018 PLC (CS) N 134 PESH (Para. 07): Rule 2.2 of West Pakistan Civil Services Pension Rules, 1963:
Beginning of Service: Subject to any special rules the service of Govt. servant begins to qualify for
pension when he takes over charge of the post to which he is first appointed.

2018 PLC (CS) N 134 PESH (Para. 08): Rule 2.3 of West Pakistan Civil Services Pension Rules, 1963:
Temporary and officiating service followed by confirmation shall also count for pension or gratuity.

2018 PLC (CS) N 134 PESH (Para. 09): 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 for pensionary benefits etc.

2010 PLC 354 Tribunal PUNJAB: PTCL through GM v/s. Aneesa Khatoon: J

 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 daily wages would be counted for the purpose of computing
pensionary benefits.
 Pension was in fact a deferred part of an employee while he/she was putting his/her best efforts
in rendering service to employer during hay days and that part was deferred to be paid
periodically or otherwise to meet employee’s old age needs.
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Inter se Seniority: If civil servants are selected for promotion in a “batch” or as a “group of persons”
then the date of promotion of all the persons in the batch or the group shall be the date when anyone of
them was first promoted to the post and they shall retain their inter se seniority.

2021 SCMR 116 SC: Syed Muddasar Shah Termizi & Others v/s. Peshawar High Court, Peshawar through
Registrar, Peshawar & Others: JJ

 Appellants were appointed on a contract later the same was renewed. After that appellant
appeared in commissioned test and also passed the same thereafter their appointments were
regularized.
 Regularization of service through deeming provision of S. 19(4) of the KPK Civil Servants Act,
1973 was confined to pensionary benefits alone could not be stretched to affect the seniority
inter se of persons who were already members of the judicial service.

2019 PLC (CS) 386 HYD: Mst. Haleema v/s. University of Sindh through VC & 2 Others: JJ

 The Petitioner (widow of the deceased) filed petition for seeking pensionary benefits.
 The deceased was appointed on contract basis dated: 01.12.1997 at University of
Sindh/Respondent No. 02 and later he was confirmed on 24.06.2005 and during his service he
died on 01.12.2008. After deceased death the petitioner approached University of
Sindh/Respondent No. 02 for getting pensionary benefits on behalf of her deceased husband but
all went in vain.
 Hence this petition;
o The University of Sindh/Respondent No. 02 filed comments disputing/argued the case of
the petitioner on family pension and further revealed that the petitioner has already
been paid service benefits of the deceased, which include exemption of outstanding
loan of Rs. 6,250/- against the deceased; lumpsum payment equal to salary of 18 days
(leave encashment); a financial assistance of Rs. 500,000/-; gratuity of Rs. 52,500/-; and
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in addition to above a brother of the deceased was appointed as clerk-cum-typist

against the deceased employee quota.
o However, the counsel of the petitioner has contended that the petitioner has not been
paid pensionary benefits of her deceased husband as she is entitled to all services
benefits including family pension from the date of 1 st appointment.
 Petition Heard:
o There is no dispute on the point that for an employee of Sindh University to be entitled
to the benefit of pension, his qualifying service has to be 10 years.
o The employee pension is regulated by Sindh University Employees Pension Statues,
1974.
 Chapter-II of Sindh University Employees Pension Statues, 1974: Lays down the
conditions of qualifications for pension:
 The service must be under the University;
 The service must not be non-pensionable; and
 The service must be paid by University from the University funds.
 Clause# 2 of Statute# 2 of Chapter-II of Sindh University Employees Pension
Statues, 1974:
 The service of an employee begins to qualify for pension when he takes
over charge of the post to which he is first appointed.
 Clause# 2 of Statute# 2 of Chapter-II r/w. conditions of qualifications for pension:
 The service must not be non-pensionable clearly demonstrates that an employee needs to
satisfy two conditions before he can claim entitlement to the benefit of pension.
o 1st, that his service is not non-pensionable meaning thereby that it is of permanent
nature because in law only such a service is a pensionable service.
o 2nd, that he has taken over charge of the relevant post to which he is appointed.
 After the said two conditions are met, the relevant question to ask would be whether,
irrespective of a length of service, an employee appointed on regular basis would be entitled to
pension merely because he has taken over charge of the post?
 The answer to this question can be found in Clause# 4 of Statute# 4 of Chapter-II of Sindh
University Employees Pension Statues, 1974: After a qualifying service of not less than 10 years,
full superannuation, retiring, invalid or compensation pension may be granted not exceeding the
maximum limits.
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 His period of service which he rendered on contract basis would at the most be counted
towards his pension or gratuity but this will happen only when he after confirmation of his
service succeeds to serve for minimum period of 10 years.
 In our estimation, the appointment of an employee on contract basis is a stopgap arrangement
made by the employer to make do with day to day affairs of a particular nature of job till either
the post of that job is created and filled or if it already exists then till a regular appointment is
made thereon.
 A contract employee tends to render service of particular nature for a specific period as per
terms & conditions of his contract which is why his said service would not earn him any
qualification to be entitled to the pension.
 However, the Clause# 3 of Statute# 2 of Chapter-II of Sindh University Employees Pension
Statues, 1974: Temporary and officiating service shall count for pension or gratuity in certain
circumstances when;
i. Employee borne on temporary establishment have rendered more than 5 years continuous
temporary service; and
ii. When temporary and officiating service is followed by confirmation.
 It is to be noted that in the Clause# 3 of Statute# 2 the word “count” has been used as
against “qualify” or “eligible”, which would mean the temporary and officiating service
would be counted or added for pensionary benefits, if it is followed by confirmation. But
such service would not per se make an employee qualify for pension, for an employee to
qualify for the pension it is a must for him to cross over minimum benchmark of 10 years of
regular service.
 The deceased husband of the petitioner initially served on contract basis against the fixed
honorarium, which period of service could have been counted or added to his pensionary
benefits, if he had later on, after confirmation, serviced for 10 years more to qualify for the
pension. Unfortunately he died before completing 10 years of qualifying service.