Law:

Section:

Civil service- -- Retirement-Withdrawal of application for leave preparatory to retirement-Civil servant moved for grant of leave preparatory to retirement subject to some condition-L. P. R. granted but condition not fulfilled-Request for cancellation of L. P. R. not accepted-Held: Civil servant who moves for L. P. R. or seeks retirement but due to change in circumstances withdraws same while in service, can be permitted to do so-Civil servant directed to be considered in service from date he changed his mind to withdraw application for L. P. R. A I R 1954 S C 584; A I R 1956 All. 153 ; P L D 1956 S C (Pak.) 105 ; P L D 1956 S C (Pak.) 504 ; P L D 1973 Quetta 4 and P L D 1981 Kar. 56 ref. Abdur Rehman Cheema for Appellant. Haroon-ur-Rashid Cheema, District Attorney for Respondents. Date of hearing : 28th July, 1.982. JUDGMENT S. ABDUL JABBAR KHAN (CHAIRMAN). -Noor Ahmad has filed this appeal under section 4 of the Punjab Service Tribunals Act, 1974, against the order passed by the D. F. O., Faisalabad on 26th November, 1981 by which he has been directed to proceed on L. P. R. till 14th December, 1982 and retire thereafter. He has impleaded D. F. O., Faisalabad and Con­servator of Forests, Sargodba, as respondents. 2. Brief facts of the case are that the appellant joined Forest Department in December, 1949 and rendered more than 30 years service in the Department. The appellant learnt from source that a civil servant who retires after 30, years service are given more than 10% pension. Thinking this concession as advantageous to him, he made an application to the D. F. O., Faisalabad that if 10% pension is admissible to him under the rules the appellant is willing to proceed on L. P. R. What actually happened in his case is, that the D. F. O. without taking in consideration the conditions mentioned in the application, passed an order Annexure "D" asking him to proceed on L. P. R. The appellant immediately after receiving the said order, moved the D. F. O., for cancellation of the same. His application was recommended by the S. D. F. O. Toba Tek Singh in view of his good record of service. He again moved the S. D. F. O., Toba Tek Singh…

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