Law:

Section:

Punjab Civil Servants Act (VIII of 1974)----- -- S. 12 (ii) read with Provisional Constitution Order (I of 1981), Art. 13-Retirement after completion of 25 years, service qualify­ing for pension-Order passed by competent authority-Not challenge­able before Service Tribunal. Ch. Riasat Ali for Appellant. Haroon-ur-Rashid Cheema, District Attorney for Respondents. JUDGMENT S. ABDUL JABBAR KHAN (CHAIRMAN).- Muhammad Mansoor has filed this appeal under section 4 of the Punjab Service Tribunals Act, 1974, against the order of his retirement dated 1st January, 1980, passed by the Deputy Commissioner, Gujrat and has impleaded the said Deputy Com­missioner, Rawalpindi Division, Rawalpindi, Member, Board of Revenue, Punjab and the Province of the Punjab through the Collector, District Jhelum, as respondents. 2. By virtue of this appeal he has prayed that the impugned order, dated 1st January, 1980, by which he was retired under section 12 (ii) of the Punjab Civil Servants Act, 1974, be set aside and he may be re-instated in service with all back benefits. 3. Brief facts of the case are that the appellant who was basically an Assistant of the office of the Deputy Commissioner, Gujrat, was work­ing as Acting Superintendent in the office of Deputy Commissioner, Jhelum, in N. P. S. 10, was retired after completion of 25 years of service qualify­ing for pension and other retirement benefit, under section 12 (ii) of the Punjab Civil Servants Act, 1974, by the Deputy Commissioner, Gujrat. The appellant filed a representation to the Commissioner, Rawalpindi Division, Rawalpindi, Member, Board of Revenue, Full Board of Revenue and the Governor of the Punjab, and all of these were rejected. Hence this appeal. 4. We have heard the learned counsel for the appellant as well as learned District Attorney assisted by the representative of the department and have seen the record of this case with their assistance. 5. Learned counsel for the appellant has submitted that as the appellant was holding the post of Acting Superintendent in the Deputy Commis­sioner Officer, Jhelum, he could only be retired by the Commissioner, Rawalpindi Division and not by the Deputy Commissioner, Gujrat.…

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