Law:

Section:

(a) Punjab Civil Services (Pension) Rules, 1995--- ----Rr. 3.5 (1) & 2.7---Optional retirement---Pensionary benefits, grant of---Employee applied for optional retirement which was granted but his pensionary benefits were not released---Contention of department was that petitioner's service was less than twenty five years as he availed extraordinary leave for two years five months and twenty days which could not be counted towards qualifying service---Validity---Department had accorded approval to opt retirement in favour of employee---Department was bound to decide the pensionary matters within a period of two weeks---Department was bound to award pension and other service benefits to the employee---Employee had been denied his lawful right for a pretty long period of more than thirty three years---Employee had a right to enjoy the protection of law and to be treated in accordance with law---Public functionaries were required to ensure rule of law---High Court was required to enforce Fundamental Rights of citizens in discharge of judicial function---Department was directed to implement retirement notification and redress grievance of employee within a period of thirty days---Constitutional petition was allowed in circumstances. Haji Muhammad Ismail Memon, Advocate's case PLD 2007 SC 35 and G.R. Syed v. Muhammad Afzal 2007 SCMR 437 and Amir Ali v. Indus Entertainment (Pvt.) Ltd. and others 2004 YLR 1576 rel. (b) Public functionaries--- ----Public functionaries were required to ensure rule of law. THIS ORDER PASSED BY: MUHAMMAD SAJID MEHMOOD SETHI, J.--- Through instant petition, petitioner has sought direction for respondents to release his pension and other benefits, with the following prayer:- "Under the circumstances it is most respectfully and humbly prayed that respondents may kindly be directed to release the pension and other service benefits of the petitioner." 2. Brief facts of the case are that petitioner was appointed as Senior Master (BS-17) on 03.09.1959 by respondent No.1 and posted at Lawrence College, Ghora Gali, Murree. After completion of Ph.D (History) on Commonwealth Scholarship, petitioner was deputed as Principal, Divisional Public…

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