Law:

Section:

Constitution of Pakistani [1973]-----Art. 212 (3)-Punjab Service Tribunals Act (IX of 1974), S. 4-­Civil service-Compulsory retirement from service--Petitioner com­pulsorily retired for having failed to report back on-expiry of his period of deputation with foreign Government-Terms of deputation providing for termination of service on such default but instead petitioner com­pulsorily retired and given proportionate benefits of service rendered by him-Petition found to be without merit-Leave to appeal refused. D. M. Awan, Senior Advocate Supreme Court, Ehsan Ullah, Advocate Supreme Court and S. Inayat Hussain, Advocate-on-Record for Petitioner. M. M. Saeed Beg, Advocate Supreme Court for State. Date of hearing: 7th March, 1984. ORDER SHAFIUR RAHMAN, J.-The petitioner, a civil servant who has been compulsorily retired from service, seeks leave to appeal against the judgment of the Punjab Service Tribunal dated 13-2-1982 under Article 212 (3) of the Constitution whereby a service appeal against such compulsory retirement was dismissed. The petitioner was sent on deputation from the Government of Punjab, the employer, to serve the Government of Saudi Arabia in the Ministry of Defence and Aviation. The period of deputation expired on 6-6-1976. On his failure to report back he was proceeded against under Efficiency and Discipline Rules and getting no response from him he was retired order dated 27-11-1978 with effect from 6-6-1976. On return to Pakistan in 1979 he challenged the compulsory retirement by a review petition and thereafter by an appeal to the Service Tribunal. The Tribunal found no merit and dismis­sed his service appeal. The learned counsel for the petitioner contended that the order of the Governor dated 27-11-1978 could not have retrospective effect from 6th June, 1976, that proper inquiry under the Efficiency and Discipline Rules was not held at all as he was not served with the notice that issued, and that there was good ground for extending the period of deputation as a move to that effect had been made by the Saudi Arabian Government herself. Finally, the learned counsel for the petitioner contended that the refusal of the Government of Punjab to…

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