| Citation(s) |
|---|
| 2011 SLG 1689 2011 SLD 1689 2011 PLC 546 |
Service Tribunal, Punjab
Appeal No.1158 of 2010, decision dated: 1st September, 2010.
TALLAT MAHMOOD TARIQ, MEMBER-II
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Appeal No.1158 of 2010, decision dated: 1st September, 2010.
TALLAT MAHMOOD TARIQ, MEMBER-II
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MUHAMMAD MUNAWAR
VS
DISTRICT POLICE OFFICER, MANDI BAHA-UDDIN and another MUHAMMAD MUNAWAR vs DISTRICT POLICE OFFICER, MANDI BAHA-UDDIN and another
Law:
Section:
Punjab Civil Servants Act (XIII of 1974)-------S. 12---Punjab Service Tribunals Act (IX of 1974), S.4---Retirement---Grant of leave preparatory to retirement---Cancellation of unavailed portion of such leave---Effect on retirement---Appellant was granted LPR w.e.f. 23-10-2009 and he was to retire on 22-10-2010---Before retirement date appellant submitted application on 18-12-2009 for cancellation of unavailed portion of the LPR and for his reinstatement in service---Leave preparatory to retirement was an indispensable part of service and civil servant while on LPR would be treated in service . for all intents and purposes; and that before expiry of LPR, a civil servant could withdraw his request for retirement---Civil servant would be deemed to be in service from the date on which he requested for withdrawal of his LPR; and not from the date of his request was accepted---Unavailed portion of LPR would be cancelled and appellant reinstated in service w.e.f. 18-12-2009---Intervening period would be treated as leave of the kind due. Mrs. Rizwana Anjum for Appellant. Abid Hussain Bhatti, Deputy District Attorney and Rab Nawaz, Junior Clerk, DR. for Respondent. Date of hearing: 28th May, 2010. JUDGMENT TALLAT MAHMOOD TARIQ (MEMBER-II).--- Brief facts of the case are that the appellant while working as Constable in the Police Department applied for LPR vide application dated 3-1-2009. Vide order dated 21-10-2009, the D.P.O. Mandi Baha-ud-Din accepted the application of the appellant and granted him 355 days LPR w.e.f. 23-10-2009. On expiry of LPR the appellant was to retire on 22-10-2010. However, the appellant later changed his mind due to his domestic circumstances and submitted an application dated 18-12-2009 requesting therein for cancellation of unavailed portion of LPR and for his reinstatement into service. After waiting for the statutory period he preferred the present appeal. 2. Learned counsel for the appellant has argued that a civil servant on LPR remains a civil servant till the LPR is complete and a formal notification of retirement is…
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