Law:

Section:

Constitution of Pakistan (1962)­-- Art. 178(4) (a)-West Pakistan Government Letter No. SO(SR) V-- 257167,--dated 274-1967-Government-- servant-Revocation of option to retire-Respondent official showing his unequivocal intention to retire from service voluntarily on completion of 25 years qualifying service for pension--Technically application premature by 3 months yet premature period having passed over, official being allowed to retire from a specified date, and interregnum being treated as leave preparatory to retirement before first order allowing official to retire passed, nothing turned on such technicality---Date of retirement having been specifically stated, compliance made with provision of Art. 178(4) (a)-Application by official expressing desire to withdraw his earlier application for permission to retire, held, misconceived due to effective order for his retirement having already been passed and option once exercised official petitioner could not go back on same in context of finality of consequences ensuing therefrom by its accept­ance. -[Civil services]. Abdul Nabi v. Government of West Pakistan P L D 1973 Quetta 4 distinguished. Abdul Hamid's case P L D 1961 S C 105 and Farzand Ali v. The Province of Pakistan P L D 1970 S C 98 ref. Sh. Riaz Ahmad, Assistant Advocate-General (Punjab) for Appellant. Sh. Munir Ahmad, Advocate for Respondent. Date of hearing : 25th March 1979. ORDER MUHAMMAD HALEEM, J.-This appeal is by special leave against the order of the Punjab Service Tribunal dated 24th of March 1977, by which Appeal No. 615/329 of 1974 was allowed. The respondent was born on 11th of March 1919, and jointed service in the Food Department of the Government of Punjab on 5th of January 1946. On 20th of July 1970, whilst working as Establishment Assistant in the same Department, he applied for voluntarily retirement from service on completion of 241 years of service through an application of the same date. Rule 3.5 (i) of the West Pakistan Civil Servants Pension Rules, 1963, provides that such application should be given three months before completing 25 years service for pension. Therefore, this application was premature by 3 months when it was…

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