| Citation(s) |
|---|
| 1984 SLG 1749 1984 SLD 1749 1984 PLC 1191 |
Service Tribunal, Punjab
Case No. 320/243 of 1983, decided on 11th January, 1984.
S. ABDUL, JABBAR KHAN, CHAIRMAN, MALIK ZAWWAR HUSSAIN AND ABDUL HAMID CHAUDHRY, MEMBERS
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Case No. 320/243 of 1983, decided on 11th January, 1984.
S. ABDUL, JABBAR KHAN, CHAIRMAN, MALIK ZAWWAR HUSSAIN AND ABDUL HAMID CHAUDHRY, MEMBERS
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RAFI ULLAH
VS
Law:
Section:
(a) Revised Leave Rules, 1981----- ----R.16---Civil Servant on leave preparatory to retirement ----Held, leave preparatory to retirement is always indispensable part of service and a person while on L. P. R. to be treated as in service for all purposes. Shamoon Bahadar's case P L D 1979 S C 835 ref. (b) Revised Leave Rules, 1981- -- R. 16-Leave preparatory to retirement-Withdrawal of request of L. P. R. or retirement-Held, Civil servant entitled to change his mind while in service to withdraw request for L. P. R. or for his retirement. Abdul Nabi v. Government of West Pakistan P L D 1973 Quetta 4 and Jai Ram v. Union of India A 1 R 1954 S C 584 ref, (c) Revised Leave Rules, 1981- -- R. 16-Leave preparatory to retirement-Withdrawal of request for L. P. R. - Date for such withdrawal -- Civil servant making request for withdrawal of earlier prayer for retirement when he was still on L. P. R.-Held, in such circumstances it would not be date on which his request for withdrawal was acceded to but date on which he made such request before competent authority. Hassan Ahmad Kanwar for Appellant. A. G. Humayun, District Attorney for Respondents. JUDGMENT S. ABDUL JABBAR KHAN (CHAIRMAN).----Appellant has filed this appeal under section 4 of the Punjab Service Tribunals Act, 1974 in which he has impleaded respondents Nos. 1, 2 and 3 as mentioned above. 2. By virtue of this appeal he has prayed that the impugned order, dated 19th August, 1983 passed by respondent No. 3 be set aside and be may be allowed to continue in service. 3. Brief facts of the case are that the appellant was working as Forest Guard in the Department of Forestry when he applied for L. P. R. vide his application, dated 16th March, 1982 in which he stated that due to his personal circumstances and ill-health, he was not in a position to continue any longer in service and applied for L. P. R. which was due to him. After two days of the said request the competent authority allowed him to proceed on L. P. R. w.e.f. 21st March, 1983. Before the expiry of the said L. P. R. I.e. seven days earlier to it he moved an application in which he requested that as his family circumstances have changed and his health…
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