Law: Constitution of Pakistan, 1962

Section: 178 (3), 234, (4), 178

West Pakistan Government Servants (Further Usefulness in Public Service) Rules, 1963  Rule 4 read with Constitution of Pakistan (1962), Arts. 178 (3) & 234-Language used in cl. (b), of sub-Article (4) of Art. 178 as substituted by Constitution (Sixth Amendment) Act, 1966-Does not appear to require making of specific order for compulsory retirement of a person whose case falls within the ambit of cl. (b)-Case, however, ordered to be placed before the Full Court in view of observa tions made in last paragraph of judgment delivered in Karamatullah's ease P L D 1968 S C 292. Date of hearing : 13th November 1973.                                                                                                                           JUDGMENT ANWARUL HAQ, J.-This appeal; by leave of the. Court, seeks to challenge the correctness and legality of an order made by a Division Bench of the former High Court of West Pakistan at Lahore on the 25th of May 1966, whereby an order of compulsory retirement of the respondent Ghulam Muhammad, then serving as a Sub-Inspector of Police under the West Pakistan Government Servants (Further Usefulness in Public Service) Rules, 1963, was set aside as being without lawful authority and of no legal consequence. The exact date of birth of the petitioner does not appear to be available in the official records, but on the date of his recruitment as a Foot Constable in the Police Force on the 8th of April 1930 he was described as 19 years of age. Accordingly, his date of birth can be presumed to be 8-4-1911. He completed 25 years' service qualifying for pension on the 8th of April 1955. On his case being referred to the relevant committee by the Appropriate Authority under Rule 4 (1) of the aforesaid Rules a notice was issued to him on the .13th of November 1963 to show cause why he should not be made to retire. On the…