Law:

Section:

Leave Rules, 1978- --- Pares. 3 (iii), 20 & 22 [introduced vide Finance Division Memo. No. F. 1(2)-Rev. 1/78, dated 21st September, 1978]-Rules effective from 1st July, 1978-Enhanced entitlement of L. P. R. of 365 days made allowable to civil servants already on L. P. R.-Right to longer period of L. P. R.-Effect-Right to change date of retire­ment, held, accrues automatically to civil servants already on L. P. R. on date of enforcement of rules (1-7-1978)-Civil servant seeking voluntary retirement after completion of 25 years' service qualifying for service-Granted leave preparatory to retirement for 4 months and 16 days as admissible prior to enforcement of Leave Rules, 1978 and before expiry of such leave, Leave Rules, 1978 introduced--Benefit of enhanced L. P. R. for 365 days refused on plea that since it would involve change in date of retirement it would be contrary to Govern­ment policy that date of voluntary premature retirement intimated by civil servant and accepted by competent authority could not be modi­fied or withdrawn-Contention, in circumstances, held, not tenable and Leave Rules, 1978 being applicable to civil servants already on L. P. R. allow such civil servants all benefits of change in rules in­cluding right to change date of retirement-Voluntary premature ' retirement-Ministry of Finance O.M. No. OB-2-12/63/Imp (1), dated 18-8-1966 and Establishment Division O. M. No. F. 23/2/81-CI(B), dated 12-4-1981. Appellant in person. Syed M. Shahudul Haque for the State. Date of hearing : 16th August, 1983. JUDGMENT A. O. RAZIUR RAHMAN (MEMBER).-The appellant was an Accounts Assistant in the Military Accounts Department. After serving for 35 years in the said department, he applied on 13th February, 1978 for retirement, having exercised his option under the provisions of para. 5 of the Govern­ment of Pakistan, Ministry of Finance, O. M. No. OB-2-12/63/lmp(1), dated 18th August, 1966. His application for going on retiring pension was granted by the competent authority, the Military Accountant-General, who also allowed him Leave Preparatory to Retirement for 4 months and 16 days. This was notified by an office order, dated 7th May, 1978 issued by…

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