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Petitioner: ADBUL MAJEED VS Respondent: SENIOR VICE PRESIDENT, U.B.L. KARACHI
2002 P L C (C
2002 P L C (C.S.) 1438
[Federal Service Tribunal]
Before Jalal‑ud‑Din Akbarji, Chairman and Barkat Ali Baloch, Member
ADBUL MAJEED
versus
SENIOR VICE PRESIDENT, U.B.L.,. KARACHI and others
Appeal No. 15(Q)(CE) of 2000, decided on 16th April, 2001.
Civil Service‑‑‑
‑‑‑‑ Transfer from one Department to another‑‑‑Counting of service rendered in previous Department‑‑‑Department of Agricultural Marketing and Storage wherein civil servant had rendered his services for 11 years, was wound up and his services were transferred to a Bank‑‑‑After serving in the Bank for about four years, civil servant was retrenched under the Golden Handshake Scheme and he received all emoluments under the said Scheme‑‑‑Civil servant had claimed that period of 11 years of service which he had rendered in Agricultural Marketing and Storage should be counted as regular employment of the Bank‑‑‑Validity-‑‑After winding up of previous department, appointment of civil servant in the Bank after his transfer was initially on probation and same was terminated under Golden Handshake Scheme and the civil servant after receiving all emoluments was no more in service of the Bank‑‑‑In absence of any statutory or non‑statutory rules to reckon the period of service rendered by the civil servant in previous Department‑‑‑The civil servant could not claim that period of 11 years in which he served in previous Department should be counted as regular employment of transferee Department‑Bank especially when his services in transferee Department were terminated under Golden Handshake Scheme.
Azam Jan Zarkoon for Appellant.
Shahid Anwar Bajwa for Respondents
Date of hearing: 16th April, 2001.
JUDGMENT
MR. JUSTICE (R) JALAL‑UD‑DIN AKBARJI, CHAIRMAN.‑‑ Abdul Majeed Ex‑Officer Grade‑II, U.B.L. Quetta, appellant herein, has filed this appeal on 23‑6‑2000 and in substance has claimed that he had rendered 11 years service in Agricultural Marketing and Storage Limited and that period should be counted as regular employee of the U.B.L.
2. Learned counsel for the appellant submitted that the Agricultural Marketing and Storage Limited was wound up and the service of the appellant were transferred to U.B.L. and, therefore, in view of judgment report of this Tribunal PLJ 1999 (C.S.) 100 (sic) the service rendered should be counted towards pension and other benefits.
3. Learned counsel for the respondents pointed out that the appellant was appointed in U.B.L. on 1‑1‑1994 and was retrenched from service by order dated 10‑10‑1997. The appellant has been retrenched under the Golden Handshake Scheme and he had received all the emoluments under the Scheme. Learned counsel further pointed out that the appellant had received all the terminal benefits of the Agriculture Marketing and Storage Limited. Nothing was transferred from the Agriculture Marketing and Storage Limited in terms of pension and other pecuniary matter to the respondent‑Bank. The judgment referred to by learned counsel for the appellant is of merger of Mehran Bank in National Bank of Pakistan and, therefore, it does not apply to the facts of this appeal.
4. Arguments heard as such. The appellant is no more in service of the respondent‑UBL and he has received all emoluments under the Golden Handshake Scheme on 5‑1‑1998 which has been acknowledged by the appellant. The subject of final settlement of dues of the appellant is as under:‑‑
"Ref.5255‑100‑97 December 30, 1997
Mr. ABDUL MAJEED Exh‑OG 2, Emp.No.445739
Last posted at (1281) ZEHRI
ZEHRI BRANCH,
VIA KALAT,
THE DIST, KHUZDAR.
SUBJECT: FINAL SETTLEMENT OF DUES
Dear Sir,
Further to the Head Office Letter of Retrenchment dated October 11, 1997, attached is a statement showing your, dues and liabilities on record, All the benefits of the Golden Handshake Scheme permissible under the Retrenchment Scheme Circular of October 9, 1997 have been allowed to you.
Income tax has been deducted at the reduced income tax rate effective from assessment year 1998‑99 and in accordance with the provisions of the Income‑tax Ordinance, 1979 read with C.B.R. Circular of November 6, 1997. You have the option of getting the tax deducted on the basis of average rate of last three years. If you with to avail of the three year average rate please apply in writing to this office. Tax deduction will be adjusted and payment made to you accordingly.
If you feel there is any error, miscalculation or omission in your pay out statement you may submit your representation in writing to this Office within 15 days of the date of receipt of this letter.
The management wishes to record here its deep appreciation of the contribution made by you during your association with the Bank and wishes you a happy and prosperous future.
Please sign and return a duplicate of this letter as token of your acknowledgement of receipt of this letter, for' our record. The concerned branch will release payment to you against a duly signed Indemnity Bond (proforma enclosed).
Yours faithfully, Authorized Signature ACKNOWLEDGEMENT
Acknowledged, accepted and received Pay Order No.174137 dated 2‑1‑1997 for Rs.5,03,377. I declare that I have not instituted any writ petition or other proceedings in connection with my retrenchment from employment with U.B.L.
(Sd.) (ABDUL MAJEED)"
The services of the appellant were terminated on the winding up of the Agricultural Marketing and Storage ` Limited under the Companies Ordinance, 1984, and the appellant received all the emoluments of his services rendered in the Corporation. The appointment of the appellant in the respondent‑Bank was initially on probation and thereafter were terminated under the Golden Handshake Scheme which the appellant has received and acknowledged the same as in above reproduced subject‑matter. The judgment referred to by the learned counsel for the appellant is not applicable to the facts and circumstances of this appeal as Mehran Bank Limited was merged into National Bank of Pakistan and the National Bank of Pakistan took over all the assets and liabilities of the Mehran Bank Limited including payment of salary and other benefits on continuation of service or termination of service from National Bank of Pakistan. There was no statutory or non -statutory rules in this appeal to reckon the period of service rendered by the appellant in the Agricultural Marketing and Storage Limited. The appeal, therefore, fails and is dismissed with no order as to costs.
H.B.T./137/FST Appeal dismissed.