Law:

Section:

Civil service---- -----Leave preparatory to retirement-Obtained at request before superannuation retirement, cancellation of-L.P.R. not yet fully expired cancelled at request of official by competent authority allowing resumption of duty on same post-L.P.R. period availed of treated as leave due-Continuing serving till superannuation-­Subsequently on ground that 'L.P.R. option once exercised and granted could not be withdrawn order cancelling L. P. R. cancelled and period after L.P.R. treated as re-employment­-Such order, in circumstances, held, violative of principles of aminus revertendi and locus poenitentiae-Order of competent authority cancelling L. P. R., held, valid and could not be recalled or modified subsequently because same created valuable judicial right of continuous service-Animus revertendi and locus poenitentiae. Raja Muhammad Nawaz v. Government of the Punjab 1981 S C M R 523 and Nazar Hussain v. District Education Officer, Lahore and others 1981 P L C (C. S.) 835 rel. Ghias-ud-din Chaughtai for Appellant. A. G. Humayun, District Attorney for Respondents. JUDGMENT ABDUL HAMID CHAUDHRY (MEMBER).-Abdul Aziz has made this appeal under section 4 of the Punjab Service Tribunals Act, 1974, wherein he has impleaded the Director, Health Services, Punjab, Lahore and the Medical Superintendent, Lady Aitchison Hospital Lahore as respondents. 2. By virtue of this appeal the appellant has prayed that the decision of Respondent No. 2 to treat him having been re-employed for the period from 1st September, 1974 to 31st August, 1979 vide order dated 1st Feb­ruary, 1981 and final decision to force the appellant to sign new pension application vide letter dated 13th December, 1981 be set aside. He has also prayed that the appellant be considered in continuous service from 1st September, 1942 to 31st August, 1979 and allowed full pension benefit as admissible under the rules. 3. Brief facts of the case are that the appellant was employed as Store-keeper in the Lady Aitchison Hospital, Lahore. In the year 1973 the appellant proceeded on premature L. P. R. for one year, w. e. f. 18th June, 1973 as sanctioned by Medical Superintendent, Lady Aitchison Hospital,…

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