Legal Question in Appeals and Writs in Pakistan

Sir, I worked as Lecturer (BS-17) in an autonomous body Gomal University D.I.Khan (NWFP) for about 14 years, then I joined, through proper channel, the provincial government department (Technical Education) as Assistant Professor (BS-18) on regular basis. The administrative department has protected my previous service rendered with the university but did not protect my previous pay and deprived me of about 14 annual increments.

In this regard, I would like to quote a decision made by the Finance Department, Government of ex-NWFP, Peshawar, through a circular No. SOSR-III (FD) 4-112/80-Vol: II, dated 24.08.1995, as, " service protection is granted to a former employee of an autonomous body if he served there for at least ten years, and the autonomous body is willing to make pension contribution to the department of provincial government." Accordingly, Gomal University D.I.Khan made pension contribution of Rs. 2,12,037/- (two lac twelve thousand, & thirty seven rupees) for my past services rendered with them to the Govt: A/C No. C-02241, transferred through cheque No.52122, dated: 22-11-2000, as per their letter No. 3529/DF/GU, dated 04/10/2010.

Moreover, the Supreme Court of Pakistan, in a judgment announced on 13-05-1999 in Civil Appeal No. 804 of 1996, had allowed pay and service protection to Mr. Nafees Ahmad a former employee of an autonomous body (Statistical Officer BPS-17 of State Bank of Pakistan, Karachi) who joined a Central Govt: Department (Federal Bureau of Statistics Islamabad as Data Processing Officer BPS-17).

Referring to Rule 9.6 (v) of Chapter IX titled �Pensionary Rules� of �Hand Book for Drawing and Disbursing Officers� issued by the O & M Division Public Administration Research Centre-1982 as also to Civil Service Regulation No.418 (b) to contained that (i) effective service rendered by an employee in an autonomous body is treated as effective as service rendered in a post of Government service and (ii) the fact that employee resigned his earlier appointment to take up another assignment, is not a resignation of a public service.

It would be advantageous to reproduce (I) Rule 9.6 (v) ibid and (II) CSR 418 (b) ibid, which read thus, respectively:

Rule 9.6

�(i)��������������..

�(ii)��������������..

�(iii)��������������

�(iv)��������������..

�(v) Only the service paid from the General Revenues qualifies for

pension. Foreign Service also counts for pension provided the

pension contribution was paid as required under the rules. The

effective service rendered by a Government servant in an autonomous/semi-autonomous

body, in a post, appointment to which is, by law, required to be made, and the

salary of which is required to be fixed by the Federal Government

or Provincial Government is treated as effective service rendered

in a post in Government service.�

(II) CSR 418

�(a)���������������..

�(b) Resignation of an appointment to take up another

appointment, service in which counts, is not a resignation of the

public service.� (page 20).

In the light of the above facts/documentary proof, can I get my pay protection, sir?

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