Law:

Section:

Azad Jammu and Kashmir Interim Constitution Act (VIII of 1974)---S. 44---Civil service---Writ petition before High Court---Maintainability--- Scope--- Pre-mature retirement under "Golden Handshake Scheme"---When, appellant Bank by a circular offered to its employees 'Golden Handshake Scheme' for pre-mature retirement, employee gave final consent after the perusal of conditions laid down in the circular---Employee himself applied for taking the benefit of said scheme, accepted same, got issued retirement order and received retirement benefits---Employee after accepting the offer and receiving the retirement benefits, was estopped from challenging the same through writ petition as he himself was instrumental in his retirement through "golden handshake scheme"---Employee, later on, tried to built-up a new case that he accepted the offer conditionally---Only condition in the application of the employee, was that if better benefits were not offered, he would not opt for said scheme---Employee had given final consent after the perusal of the conditions laid down in the circular---Employee, after receiving the benefits of retirement, filed review petition, whereby he instead of taking ground that better terms and conditions had not been awarded, he took a different stand that he should have been retired in grade-B-18---Such was an afterthought and new stand, he could not be allowed to turn round and take a new stand contrary to one taken previously---Impugned of High Court, was set aside by the Supreme Court, in circumstances. Abdul Qadir v. Abdul Karim and 4 others 1999 PLC (C.S.) 947 and Azad Government and 4 others v. Syed Muhammad Akbar Shah 1996 PLC (C.S.) 838 rel. JUDGMENT MUHAMMAD AZAM KHAN, C.J.--- The above titled appeal with the leave of the Court arises out of the judgment of the High Court dated 14th November, 2003, whereby Writ Petition No.476 of 2000 has been accepted. 2. Necessary facts for the disposal of instant appeal are that respondent No.1 was serving as Officer Grade II in AJ&K Cooperative Bank (hereinafter to be referred as the Bank). The Bank, in the light of decision of Board of Directors introduced "golden handshake scheme", for premature…

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