Law:

Section:

(a) West Pakistan Civil Services Pension Rules, 1963- -- R. 3.5-Retiring pension-Provisions of r. 3.5 rigid in nature­-Cannot be relaxed by Governor-Option to retire made when service qualifying for pension only 21 years--Retirement Notification of Governor by relaxing requirement of 25 years of service quali­fying for pension in favour of applicant, held, without jurisdiction and void ab initio. P L D 1955 Sind 200 rel. (b) Civil service---- -- Retirement-Synonymous with resignation-Request for premature retirement can be withdrawn before retirement-Civil servant making application stating a deadline date to be retired-No decision taken by Government till such date-Government, in circumstances, held, should once again ask him whether he was still desirous to be retired-Application withdrawing retirement request made while still in service -'Notification retiring civil servant, in circumstances, held, not sustainable. A I R 1954 S C 584 ; P L D 1973 Quetta 4 and P L D 1956 S C 504 rel. A I R 1956 All. 153 ; P L D 1981 Kar. 56 ; P L D .1956 S C 504 and P L D 1956 S C 105 ref. (c) Punjab Service Tribunals Act (IX of 1974)- -- S. 4-Judgment of predecessor Tribunal quashed by Supreme Court with direction to Tribunal to decide case afresh-Judgment of predecessor Tribunal, in circumstances, held, not binding on Tribu­nal. Muhammad Mahmood Bhatti for Appellant. Haroon-ur-Rnshid, District Attorney for Respondents. JUDGMENT Mian Nooruz Zaman Ahmad has filed this appeal under section 4 of the Punjab Service Tribunals Act, 1974, against the order of the Governor of the Punjab contained in Notification No. Prs. I (c) 18/63, dated 28th September, 1972/6th October, 1972 whereby the appellant had been given premature retirement. The appellant has impleaded the Province of Punjab, the Governor of the Punjab through Home Secretary and Inspector-General of Prisons Punjab as respondents. 2. By virtue of this appeal the appellant has contended that the impugned notification by which the appellant stood retired, made by the Governor, be set aside, as being illegal, without justification and he be declared to be in service and entitled to all benefits of salaries and others…

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