Law:

Section:

Civil Servants Act (LXXI of 1973)- -- S. 13 (ii) read with Government Servants (Efficiency and Discipline) Rules, 1973-Retirement after completion of 25 years' service under S. 13(ii)-Held, neither compulsory nor in nature of penalty Provisions of Efficiency and Discipline Rules not applicable to such cases-No violation of terms and conditions of service involved in such retirement-Employee concerned cannot be deemed to be aggrieved by any final order made by Departmental Authority within meaning of S. 4, Service Tribunals Act (LXX of 1973)-No appeal lies to Tribunal against order of such retirement. ORDER MUHAMMAD DAUD KHAN (CHAIRMAN).-The petitioner having completed 25 years of service qualifying for pension or other retirement benefits was retired from service in the public interest on 10-1-75 (afternoon) by the President of Pakistan in exercise of the powers conferred by clause (ii) of section 13 of the Civil Servants Act, 1973, vide Ministry of Railways Notifica­tion No. E. 1/74-R7/1. dated 10-1-75 the Notification further contemplated flat in care any leave preparatory to retirement is applied for within 10 days of the date of Notification and granted to the petitioner, on the expiry of such leave. The leave preparatory to retirement having been applied for and granted to him for a period of one year, the petitioner would retire from service on the expiry of such leave i.e. from 10-1-1976. Feeling aggrieved by the order of retirement, he has filed a petition before the President of Pakistan. As the petitioner considers that the case is one of "compulsory and premature retirement before the normal age of superannuation of 58 years", he has filed the present petition/appeal before this Tribunal "by way of abundant caution and to avoid lapse of limitation". Treating the retirement order based on mala fides not being in public interest and in contravention of the terms and conditions "embodied in his service agreement" (if any, which in fact fixed tire superannuation age at 55 years) and in substance in the nature of a penalty, with particular reference to some Press statements and a reply to the question in the National Assembly, it is urged before us that…

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