Law:

Section:

(a) Punjab Civil Servants Act (VIII of 1974)----- ------ S. 12 read with Constitution of Pakistan (1972), Arts. 178 & 221 (4) (a)-Premature retirement-Continuance beyond 25 years' service allowed after due scrutiny of record in 1973-Nothing adverse in record subsequent to 1973-Premature retirement made in 1975, iii circumstances, held, not sustainable. (b) Punjab Civil Servants (Appointment and Conditions of Service) Roles, 1974--- ----R. 6 read with Punjab Civil Servants (Change in Nomenclature of Services and Abolition of Classes) Rules, 1974, r. 2-Pay in higher pay scale without change of duties-Does not raise the grade and status--Superintendent in Deputy Commissioner's office holding grade 13 post but in receipt of pay in Scale No. 16 personal to him­ Claiming status of being a grade 16, official for purposes of appointing authority-Contention, held, not sustainable. ORDER M. SALEEM CHAUDHRY (CHAIRMAN).------Haji Dur Muhammad Chishti has filed this appeal against the order of his compulsory retirement dated 12-3-1975 and the order of the Commissioner, Bahawalpur Division dated 2-6-1975 which superseded the previous order of 12-3-1975. 2. The facts of the case are that the appellant completed 25 years service in 1971. 1n 1973 the appellant's case for continuation in service was scrutinised by the competent authority under Article 178 and Article 221(4)(x) of the Interim Constitution of 1972. The appellant was found suitable for continuation vide order of the Commissioner dated 20-2-1973. In August, 1973, the new Constitution came into force and the Punjab civil Servants Act, 1974, was enacted. The Commissioner, Bahawalpur, by his order dated 12-3-1975 retired the appellant under section 12 of the Punjab Civil Servants Act, 1974. 3. The appellant has assailed his retirement on the following main grounds:- (a) That he being the holder of NPS-16 according to rule 6 of the Punjab Civil Servants (Appointment and Conditions of Service) Rules, 1974, the Government was the competent authority and not the Commissioner as such the impugned order passed by the Commissioner, Bahawalpur Division was wholly without jurisdiction. (b) That his case had already been…

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