2616/2014 Const. P. Gulsher Siyal (Petitioner) V/S Fed. of Pakistan and Ors (Respondent)

2616/2014 Const. P. Gulsher Siyal (Petitioner) V/S Fed. of Pakistan and Ors (Respondent) Sindh High Court

Bench: Hon'ble Mr. Justice Muhammad Karim Khan Agha, Hon'ble Mr. Justice Adnan-ul-Karim Memon(Author) Order Date: 11-APR-25

CSR Article 420 states that a break in an officer's service typically forfeits their previous service, except in these situations: (a) Approved leave. (b) Unauthorized absence directly following approved leave, as long as their position isn't permanently filled. If it is, the prior service is lost. (c) Suspension is immediately followed by reinstatement (in the same or a different role), or if the officer dies, retires, or is retired while suspended. (d) Abolition of their position or job loss due to staff reduction. (e) Transfer by a competent authority to non-pensionable service within government control (voluntary resignation from pensionable service forfeits this). Transferring to a grant-in-aid school also leads to forfeiture. (f) Transfer to the President's household staff. (g) Time spent traveling between appointments when transferred by a competent authority or, for non-gazetted officers, with their previous head of office's consent. (h) Any other reason provided the break wasn't due to the government servant's fault or intentional action (like unauthorized absence, resignation, or removal). Besides CSR Regulation 423 provides automatic relaxation of six months in case of short service, if he or she, is entitled for pensionary benefits as such the question of latches are of no significance at this stage as the petitioner is requesting for continuation of his past service in different government departments.