Law: Punjab Civil Servants Act, 1974 

Section: 12 (11), 21 (2)

  Punjab Civil Servants Act (VIII of 1974) Ss. 12 (11) & 21 (2)-Retirement on completion of 25 years of service qualifying for pension-Not appealable but subject to statutory right of representation under S. 21 (2)-Representation lies to authority next higher-Retirement of Patwari within competence of Collector-Order passed by Assistant Commissioner as Collector Open to representation before Commissioner and not before Deputy Commissioner being himself a Collector-West Pakistan Patwar Service Rules, 1964.                                                                                                                                              ORDER In these two appeals Nos 273 and 274 filed by Muhammad Iqbal son of Ahmad Din and Lal Khan son of Muhammad Hayat, and others, ex-Patwaris, are aggrieved by the order of Collector, Gujrat Sub-Division directing their retirements under section 12 (ii) of the Punjab Civil Servants Act, on completion of 25 years' service qualifying for pension and other benefits. The present appellants aggrieved by the aforesaid orders of retirement, preferred representations dated 10th September, 1975 and 12th September, 1975, before the Commissioner, Rawalpindi, who rejected the same on 11th November, 1975; on the ground that no appeal was maintainable against the order passed under section 12 (ii) of the Punjab Civil Servants' Act, 1974. In an appeal to this Tribunal, it was observed that in view of the provisions contained in section 21 (2), even where no appeal was competent, a statutory right of representation was available. The case was accordingly remanded. on 21st September, 1976, to the Commissioner, by de novo decision. The Commissioner, Rawalpindi, however, instead of disposing of the representation himself again passed on the same to the Deputy Commissioner,…