Law:

Section:

(a) Civil Service Regulations--- ---Art.144, Fundamental Rules, r.10-A--Invalid retirement--Order for-­To be passed by competent authority under Fundamental Rule 10-A--Art. 144, Civil Service Regulations meant for award of invalid pension and cannot be availed for ordering retirement by pension sanctioning authority. (b) Civil service-- --- Order--Error of misapplication of statutory provision--Does not by itself affect validity of order--Civil servant an Operational Manager of Plant Protection Department required under rules to be holder of Commercial Pilot Licence declared by Civil Aviation Medical Board as permanently unfit for flying duties and consequently his flying licence not renewed--Retired on invalid retirement--Order passed under Art.144, Civil Service Regulations which was applicable only for award of invalid pension and not under relevant rule viz. Fundamental Rule. 10-A-­Resort to Art. 144 ibid, held, misapplication and proper course was to avail of Fundamental Rule 10-A for ordering retirement--Condition envisaged in Fundamental Rule, 10-A rendering concerned civil servant unfit for proper and efficient discharge of duties being fulfilled, error of misapplication of rule, in circumstances, held, does not affect validity of retirement order. (c) Civil service-- --- Order--Passed by authority subordinate to competent authority-­Effect--Invalid retirement of grade 20 Officer--Passing of order under Fundamental Rule, 10-A within competence of President being appointing authority--Officer declared unfit for duty by Medical Board--Order passed by Secretary, Ministry concerned--Order not working to prejudice of concerned Officer--Service Tribunal, in circumstances, declining to interfere--Service Tribunals Act (LXX of 1973), S. 4 and Fundamental Rules, r.10-A. P L D 1959 (W.P.) Lah. 229 rel. (d) Civil service-- --- Retirement--Invalid retirement--Order to operate prospectively-­Fundamental Rule, r.10-A. (e) Fundamental Rules-- --- R. 10-A--Invalid retirement--Leave preparatory to retirement--Cannot be refused making order retrospectively. Sabihuddin for Appellant. Niaz Ahmed Khan for Respondents. Date of hearing: 2nd August, 1984. JUDGMENT MUHAMMAD…

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