Karachi: Sindh High Court (SHC) Constitutional bench has declared daily wages and temporary service will be counted for pension.
The court gave this decision during hearing of the case related to the service period of the retired employees of Civil Aviation Authority (CAA).
A two members bench of SHC constitutional bench led by justice Adnanul Karim Memon announced the decision.
The court while declaring daily wages and temporary service countable for pension nullified office orders of CAA.
The court ordered CAA to pay all dues to the petitioners within two months.
According to the counsel for the petitioner the petitioners started work on daily wages in CAA from 1998 to 2001. The petitioners were declared regular in 2009.
The previous service was not included in pension following the retirement of the petitioners. The superior courts have made it clear it is compulsory to count previous service for pension after regularization of service.
Counsel for CAA said the petitioners were third party contract employees in the beginning. The service of third party contract employees cannot be counted for pension . At the time of regularization the petitioners had accepted the conditions for not including previous service.
The court remarked pension is right of employees after retirement.
According to CAA rules if temporary service of the employee is regularized without any intermission then that service will be counted for pension. Ignoring the previous service of the petitioners is illegal.
The court remarked the right of the employees can not be abolished through administrative condition.
The pension dues be re-calculated according to complete service besides making payment of their dues to them within two months.