Law:

Section:

(a) Punjab Civil Servants Act (VIII of 1974)- -- Ss. 12(ii) & 21-Retitement-Matter with regard to fitness to hold particular post-To be guided by consideration of public interest such matter cannot be agitated even at departmental level. (6) Punjab Civil Servants Act (VIII of 1974)- -- S. 12-Appeal, maintenance of-Fitness to hold a particular post ­Left to exclusive of competent authority-Order falling within ambit of S. 12-Not appeal able-Order passed mala fide or failing to fulfil requirements of S 12, however, appeal able. Farzand Ali v. Province of West Pakistan P L D 1970 S C 98; Sahibzada Faridud Din Ahmad v. Province of Punjab P L D 1976 Lah. 1310 ; P L D .1965 S C 90 and 1972 S C M R 30 ref. PLD1973SC151rel. 1973 P L C 264 distinguished. ORDER M. SALEEM CHAUDHRY (CHAMMAN).-These 35 appeals by the Civil Servants who have completed 25 years of service qualifying for pension and other retirement benefits, seek to challenge their retirement ordered by the competent authority concerned under section 12(ii) of the Punjab Civil Servants Act of 1974. Section 12 may be reproduced below for facility of reference "12. A civil servant shall retire from service - (i) Retirement from service in the case of a person holding post equivalent to the post of Additional Secretary to Government of Pakistan or a higher post, on such date, as the competent authority may, in the public interest, direct; (ii) in any other case, on such date, after he has completed twenty-five years of service qualifying for pension or other retirement benefits, as the competent authority may, in the public interest, direct; (iii) where no direction is given under clause (i) or clause (ii), on the completion of the fifty-eight years of his age" The objections of the appellants may be summed up as below; (i) that the appellants have not been heard in person by the competent authority before passing the orders. (ii) that the impugned orders are vitiated due to male fide. (iii) that the orders are without jurisdiction inasmuch as the authority passing the orders was not competent or the civil servant concerned had not completed 25 years of service qualifying for pension and other retirement…

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