Law:

Section:

Removal from Service (Special Provisions) Regulation, 1971 [C. M. L. A.’s No. 114]     Para. 3(1) Retirement, premature Name of retired official as given in newspaper tallying with that of another official having a bad record Appellant not one mentioned as having been retired Deputy Commissioner consistently pointing out to higher authorities with regard to appellant’s name not having been correctly mentioned and appellant having quite a good record Deputy Commissioner seeking classification from Board of Revenue and latter clarifying retirement order having related to appellant Seniority of appellant having not been clearly established, retirement order, held, could not be related to appellant and such order coram non juice.    P L D 1973 Lah. 778 and Writ Petition No. 1154 of 1972 ref. ORDER M. SALEEM CHAUDEMY (CHAIRMAN). The appellant in this appeal assails his retirement under M L R 114 from the Poet of Head Vernacular Clerk in the office of Deputy Commissioner, Sheikhupura. The brief facts of this appeal are that the list of Government servants retired under M. L. R. 114 published on 19 3 1972 in the Daily Mashriq included the name of one Nisar Ahmad Head Vernacular Clerk of the office of Deputy Commissioner, Sheikhupura. However in the Notification dated 18 3 1972 Exh. 4 issued under the orders of the Governor of Punjab vide entry appearing at S. No. 10 of the aforesaid Notification, Ch. Nazir Ahmed, Head Vernacular Clerk office of the Deputy Commissioner, Sheikhupura was ordered to be retired. This Notification was received in the office of the Deputy Commissioner passed the following orders: ‘He should band over to Reader. Name is still incorrect.’ On 10th of April 1972 certain enquiries were made by the Commissioner, Lahore Division from the Deputy Commissioner, Sheikhupura in respect of the appellant with regard to his premature retirement under M. L. R. 114. The Deputy Commissioner. Sheikhupura on the date inter alia replied as under: ‘(4) Simple. He is living within Known means of income. (5) He is intelligent, hardworking and honest official. (6)am sure that his name has been included in the list of premature retirement of…

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