Law:

Section:

(a) Constitution of Pakistan (1962)- -- Art. 178-Superannuation-Re-empfoyment-Extension in service ­Officer having attained 59 years of age directed verbally to continue performing duties in public interest - Subsequently after 10 days directed to proceed on L. P. R.-Period of 10 days subsequently regularised by treating it as on re-employment Such order admittedly affecting pension adversely-Claim of officer for treating such period as extension in service with all rights and privileges admissible under rules, held, equitable and just in view of provisions of Art. 178 according to which extension in service was permissible up to 60 years age. (b) Constitution of Pakistan (1972)- ---Art. 221(4)-Leave preparatory to retirement-L. P. R. for period beyond 21-4-1972 sanctioned prior to enforcement of Constitu­tion of 1972-Officer already having attained age above 58 years ­Curtailment of L. P. R. only up to 21-4-1972 and cancellation of L. P. R. beyond that date (enforcement of Constitution of 1972) held, quite legal and within competence of competent authority. JUDGMENT HAMZO KHAN M. KURESRI (CHAIRMAN).-This appeal under section 4 of the Act was filed before us on 5-8-1974. The brief facts leading to this appeal are that the appellant after Partition joined Sind Subordinate Police Service and was promoted as Superintendent of police with effect from 28-12-1966. He was confirmed as Superintendent of Police in P. S. P. Cadre with effect from 4-3-1969. He was to retire from service from 31-1-1972 on completion of 59 years of his age. The Inspector General of Police vide his order dated 29th January 1972 (Annexure 'A' ) granted him all kinds of leave due to him Preparatory to Retirement. However, due to his meritorious service and on account of the tense Law and Order situation in Karachi, the appellant was directed by the then Governor of Sind by his oral order to continue in service upto the age of 60 years. He was assured by the Governor that the necessary orders in writing would be issued in due course of time. The appellant, therefore, continued to perform iris duties as Superintendent of police, West Division Karachi up to 10-2-1972. On 11-2-1972 the appellant…

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