Case Details

Citation(s)
2015 SLG 359 2015 SLD 359 2015 PLC 663
Service Tribunal, Balochistan
Service Appeal No. 84 of 2014, decided on 9th September, 2014. DATE of hearing: 4th September, 2014
ZAHEER-UD-DIN KAKAR, CHAIRMAN MUHAMMAD IBRAHIM SUMALANI, MEMBER AND FARZAND ALI MENGAL, MEMBER (JUDICIAL)
Muhammad Arshad Aziz for Appellant. Naseer Ahmad Bangulzai, Addl. A.G. for
Respondents

AMIR NADEEM SHAH

VS

INSPECTOR GENERAL, BALOCHISTAN POLICE, QUETTA and another

Law:

Section: 4

Law: Balochistan Civil Pension Rules, 1989

Section: 3.5(ii)

Balochistan Service Tribunals Act (V of 1974)--- ----S. 4---Balochistan Civil Pension Rules, 1989, R.3.5(ii)---Request for premature retirement---Acceptance of request---Application for withdrawal of the request---Employee, serving as Police constable, on completion of his 25 years of qualifying service, vide an application requested for his pre-mature retirement/LPR, which request was accepted---Later on, after about 5 months of acceptance of his request for premature retirement, he submitted application for withdrawal of his demand of premature retirement---Said application was rejected by the Competent Authority---Validity---Under R.3.5(ii) of Balochistan Civil Pension Rules, 1989, once application for such retirement was submitted same would be final and would not be allowed to be modified or withdrawn---Request submitted by the employee for pre-mature retirement after completion of 25 years qualifying service, after its acceptance having become final, same would not be allowed to be modified or withdrawn---Application of employee for withdrawal of premature retirement, was rightly rejected, in circumstances. 2005 SCMR 1928; 2008 SCMR 1078; Muhammad Naseer v. Deputy Inspector-General of Police Multan Range Multan and another 2005 SCMR 1928 and Muhammad Nisar Gul Khan v. District Coordination Officer and others 2008 SCMR 1078 rel. JUDGMENT ZAHEER-UD-DIN KAKAR (CHAIRMAN).--- Through the instant appeal filed under section 4 of the Balochistan Service Tribunals Act, 1974 the appellant has made the following prayer:--- "It is, therefore, prayed in view of above submission the appeal of the appellant need consideration from this Hon'ble Court in shape of its acceptance and directions made to the respondents to allow the appellant to continue his duties, and order upon application for LPR dated 5-4-2013, may kindly be treated as null and void while the order dated 9th February, 2014 may kindly be set-aside, or any other order which this Hon'ble Court deems fit and proper may also be passed, in the interest of justice, equity and fairplay." 2. Precisely stating the facts of the case are that the appellant was appointed as Constable in Balochistan Police on…
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