Law:

Section:

Punjab Civil Servants Act (VIII of 1974)- -- S. 12 (ii) - Retirement after completion of 25 years' service qualifying for pension -Rescindment of retirement order-Effect-­Civil servant reverts to position occupied before retirement viz. duty-Intervening period to be treated as duty. Appellant in person. A. G. Humayun, District Attorney for Respondent. JUDGMENT ABDUL HAMID CHAUDHRY (MEMBER). -Muhammad Ali Patwari has filed this appeal under section 4 of the Punjab Tribunal Act 1974, in which he has impleaded the Commissioner, Faisalabad Division; Faisalabad and the Government of the Punjab through Member Board of Revenue, Punjab Lahore as respondents. 2. By virtue of this appeal, the appellant has prayed that the impugn ­order, dated 16th September, 1982 of the Commissioner, Faisalabad Division, Faisalabad be modified to the extent that the period from 20th May, 1977 to 16th September, 1982 which was treated as leave without pay, through this order, be declared on duty and he also be given con­sequential benefits. 3. Brief facts of the case are that the appellant, Muhammad Ali, Patwari, was recruited as Patwari on 7th April 1947. - He was compul­sorily retired after completion of 25 years qualifying service for pension as provided under section 12 (ii) of Punjab Civil Servant Act, 1974 by the Deputy Commissioner, Jhang on 20th November, 1976. The appellant filed representation against the said order and the Commissioner, Sargodha Division, vide his order, dated 18th January, 1977 remanded the case to the Assistant Commissioner, Chiniot, who passed the same order on 20th May, 1977. The appellant filed an appeal before the Punjab Service Tribunal Vide order, dated 18th February, 1980 the Tribunal directed the appellant to exercise his right of representation. The appellant made a representation to the Commissioner who vide his order dated 16th September, 1982 rescinded the order of the retirement of the appellant issued under section 12 (H). The appellant was reinstated w. e. f. 16th September, 1982. However, the period for which the appellant remained out of service i. e., from 20th May, 1977 to 16th September, 1982, was treated as leave without pay. Hence this…

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