Law:

Section:

Punjab Civil Services Pension Rules, 1995-------R. 3.5---Punjab Service Tribunals Act (IX of 1974), S. 4--­Constitution of Pakistan, Art. 212(3)--- Leave preparatory to retirement---Order of Authority refusing to allow appellant to withdraw request for voluntary retirement after its acceptance---Service Tribunal in appeal set aside such order and allowed withdrawal of request for retirement---Validity---Appellant could withdraw request for retirement, if same had not been acted upon; leave preparatory to retirement had been given effect to after acceptance of request for retirement, Supreme Court set aside order of Service Tribunal. Government of Sindh v. Muhammad Inayat Khan 2000 SCMR 1964 and Section Officer v. Ghulam Shabbir 2010 SCMR 1425 ref. Ch. Muhammad Iqbal, Additional A.-G. for Appellants. Pervaiz Inayat Malik, Advocate Supreme Court for Respondent. Date of hearing: 26th March, 2012. ORDER TASSADUQ HUSSAIN JILLANI, J.---Through this appeal by leave of the Court, the appellant Inspector-General of Police has challenged the judgment dated 4-1-2011 vide which the learned Service Tribunal allowed the appeal of the respondent Mason serving in the Police Department to withdraw his request for leave preparatory to retirement and set aside the order dated 12-10-2009 passed by the competent authority allowing his voluntary retirement. 2. Learned Additional Advocate-General submitted that the respondent was retired on his own request; that his application having been once accepted and given effect to, he could not be allowed to withdraw his request for retirement and that the learned Service Tribunal has properly construed the ratio laid down in the judgment to which reference has been made in the impugned judgment i.e. Government of Sindh v. Muhammad Inayat Khan (2000 SCMR 1964). He further submitted that the latest judgment on this issue is reported at Section Officer v. Ghulam Shabbir (2010 SCMR 1425). 3. Learned counsel for respondent defended the impugned judgment by submitting that the Rule 3.5(i) of the Punjab Civil Services Pension Rules makes it permissible for a civil servant to withdraw his prayer for leave preparatory to retirement and the impugned…

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