Benefit of Condition of Service to the Compulsory Retired dt 03.07.2019
OFFICE MEMORANDUM
Subject: Compulsory Retired
Please refer to your letter No. DAO/BWP/PEN/HM/2638, dated 11áµ—Ê° June, 2019 on the subject noted above.
- Finance Department advises that it is crystal clear that in order to get pensionary benefits, a compulsory retiree has to complete 20 years qualified service. Since compulsory retirement is made as a punishment, as such, there is no question of any general or special condonation.
Kindly refer to the subject noted above
It is submitted that Mr. Muhammad Tariq, Junior Clerk of District Judiciary Bahawalpur was dismissed vide Order No. 2025/EB, dated: 05-09-2009 (Annexure-A).
However, Hon’able Punjab Service Tribunal converted the penalty of dismissal from service into compulsory retirement. The Orders for Compulsorily Retirement was passed by the District & Session Judge (Authority) Bahawalpur vide Order No. 2743/EB, dated: 15-10-2019 (Annexure-B). The District & Session Judge Bahawalpur have submitted pension case with service 19 Year, 07 Months & 18 Month.
The qualifying service in the credit of the above named compulsory retired official is as under:
| Days | Month | Year | |
|---|---|---|---|
| Date of Compulsory Retirement | 04 | 09 | 2009 |
| Date of Appointment | 17 | 01 | 1990 |
| Total Qualifying Service | 18 | 07 | 19 |
| Less EOL (Extra Ordinary Leave)` | 00 | 00 | 00 |
| Net Qualifying Service | 18 | 07 | 19 |
As per Pension Rule 2.12:- (Annexure-C)
2.12 Condonation of Interruptions and deficiencies.
(1) The Administrative Department may for purpose of Pension condone all gaps between periods of service of a government servant Provided that the gaps are not due to any fault or willful act of the government servant, like unauthorized absence, resignation or removal from service.
(2) (a) a deficiency of six months or less in the qualifying service of a government servant shall be deemed to have been condoned.
In view of the above, this office is of the view that a deficiency of 06 month or less in qualifying service of a government servant shall not be condoned in case compulsory retirement. The view point of this office may please be confirmed or advice this office to proceed further in the matter in accordance with the rules.
