Law:

Section:

(a) Punjab Agricultural Produce Market (General) Rules, 1979- ---R. 70 (6) and Punjab Civil Servants Act (VIII of 1974). S. 12 (ii)-Petitioner employee of Market Committee retired compulsorily after 25 years' service-Power of retirement-not vested in respondent Director due to neither Rules nor Punjab Civil Servants Act applying to Market Committees-Order of retirement, held, void ab initio and hence inoperative. Abdur Rashid v. Administrator P L D 1980 Lah. 509 rel. (b) Punjab Agricultural Produce Market (General) Rules, 1979- --R. 70 (6) and Punjab Civil Servants Act (VIII of 1974), S. 12 (ii)-Compulsory retirement-Order of retirement also giving petitioner an offer to apply for L. P. R. such being admissible---­Petitioner opting to proceed on L.P.R. by acting on a part of order of retirement-Petitioner not estopped to challenge retirement in circumstances-No estoppel against law established principle of law­--Petitioner believing respondent Director to have had requisite power, acting on a part of order to avail L. P. R. and not doing so voluntarily-Petitioner on equitable basis required to refund all benefits as could not have been otherwise admissible to him-Order of retirement, however, held, to be without lawful authority and of no legal effect. Ghulam Sarwar Chaudhry for Petitioner. Syed Najamul Hassan for Respondents. Date of hearing :19th May, 1981. JUDGMENT The petitioner who was working as a Secretary, Market Committee, Kasur was retired under section 12 (ii) of the Punjab Civil Servants Act, 1974, after he had served for 25 years entitling him to pensionary or other benefits. He was also given an offer that he may apply, fur Leave Preparatory to retirement admissible to him, within 15 days from the date of the order. Consequently, the petitioner chose to avail of the benefit offered. He did apply for L. P. R., and the same was granted to him. 2. Subsequently, the case of Abdur Rashid v. Administrator (P L D 1980 Lah. 509) succeeded before this Court. The petitioner, therefore, also filed the present petition. 3. It is contended by his learned counsel that as the Punjab Civil Servants Act does not apply to the employees, officers and servants,…

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