Law: Martial Law Order, 1977

Section: 23

Martial Law order, 1977 [C. M. L. A.s] No. 23-Review of civil servants retired under Martial Law Regula tion 114-Officer cleared on review petition but not re-instated having: already crossed superannuation age--Held, treated to have been cleared of charges w. e. F date of retirement under M.L.R. 114 i.e. 13-3-1972-. Period from 13-3-1972 till date of superannuation, held, countable towards increments and, Officer, held, entitled to superannuation pension according to pay so revised. Date of hearing: 24th November, 1980.                                                                                                     ORDER N. A. CHOUDHURY (MEMBER).---Mr. F. M. Siddiqui, S. D. O., T & T De partment was retired from service with effect from 13-3-72 under M.L.R. 114. He submitted a review petition under M. L. O. 23 on 21st September, 1977. In response to that petition, the Government ordered his clearance without being re-instated into service vide Establishment Division's Memo. dated the 19th November, 1978. The Officer had attained the .age of superannuation on 9-7-1978. He submitted an appeal to the Cabinet Secretariat, Government of Pakistan (Establishment Division), on 12-12-1978, followed by a reminder issued on 14-1-1979. The precise request made in the departmental appeal was that his retirement should be made effective from 10-7-1978 which is-the date of his superannuation and to treat the period from 13-3-1972 to 9-7-1978 as leave extraordinary. He also requested for the reification of pay for the period from 13-3-1972 to 9-7-1978 for the purpose of revision of pension. A request for L P R was also made in the appeal. This departmental appeal was rejected finally on 19.4-1979. The appeal under disposal was submitted to the Service Tribunal on 16-5-79. The appeal was admitted for regular hearing on 3-2-80: During today's hearing, the learned counsel for the appellant. precisely argued that since…