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(a) Service Tribunals Act (LXX of 1973)- ---S. 4-Limitation-Appeal belated only by one day and contested as, time-barred-No counter-affidavit to show order being not com­municated on date of issue--Possibility of order not being communicated on same day, held, cannot be ignored-Appeal, in circumstances, held, not time-barred. (b) Civil Servants Act (LXXXI of 1973)-- -- S. 1300-Retirement on completion of 25 years of service qualifying for pension-Public interest-Grounds-Not justifiable-Not even limited to fitness or otherwise of a civil servant-Instructions by Government for guidance of competent authorities-Create no limitation but may cover only one aspect of public interest-Such retirement an option both to competent authority and civil servant­--Both can exercise such right-Depriving one, held, would mean giving preference one over the other-Retirement made by authority not competent-Challengeable--Retirement of Grade 20 Officer made by notification issued by Secretary, Establishment Division purportedly under verbal orders of Chief Martial Law Administrator-No summary submitted to C. M. L. A./President either for obtaining prior approval or for confirmation of order-Order, in circumstances, held, not passed competently-Rejection of review petition, further held, would not amount to sanctification of impugned order which would be deemed to have not existed-Retirement order, held, hence vacated­ Government of Pakistan Rules of Business, 1973, r. 15(2) & (4)- [W. P. No. 856 of 1979 (unreported) dissented from]. W. P. No. 856 of 1979 (unreported) dissented from. P L D 1969 S C 14; P L D 1964 S C 1; Malik Ghulam Jilani's case P L D 1967 S C 373; Abdul Baqi Baluch v. Government of Pakistan P L D 1968 S C 313; Government of Pakistan v. Begum Agha Abdul Karim Shorish Kashmiri P L, D 1969 S C 14 and P L D 1975 S C 37 distinguished. M. Yamin Qureshi v. Government of Pakistan P L D 1980 S C 22 ref. C. P. S. L. A. No. 188 of 1978 (unreported) rot. Aitzaz Ahsan for Appellant. Syed Muhammad Shahudul Huque for Respondents: Date of hearing : 13th December. 1980. ORDER MUHAMMAD DAUD KHAN (CHAIRMAN)---- Vide Notification No. 10(21)78 Police dated 23rd February, 1978 Mr.…

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