Law:

Section:

Punjab Civil Servants Act (VIII of 1974)- -S. 12 (ii)-Appellant retired from service by competent authority after completing 25 years of service - No malice established­-Order of retirement, held, fully legal and justified. Syed Jamshed Ali for Appellant. A. G. Humayun, District Attorney for Respondents. JUDGMENT S. ABDUL JABBAR KHAN (CHAIRMAN). -Muhammad Zafarullah has filed this appeal under section 4 of the Punjab Service Tribunal Act, 1974, against the order, dated 27th September, 1982, passed by the learned Collector, Saddar Sub-Division, Gujranwala and the order, dated 27th March, 1983 passed by the learned Commissioner, Gujranwala Division, Gujranwala. The appellant has impleaded the Commissioner, Gujranwala Division, Gujranwala and the Assistant Commissioner/Collector Saddar Sub-Division, Gujranwala, as respondents. 2. By virtue of this appeal the appellant has prayed that his appeal be accepted and he may be reinstated in service with all back benefits. 3. We have heard the learned counsel for the appellant as well as learned District Attorney and have perused the record of this case carefully with their assistance. 4. Brief facts of the case are that the appellant was retired under section 12 (ii) of the Punjab Civil Servants Act, 1974, by the competent authority after he has completed 25 years service from 30th September, 1982. His length of service was verified by the District Accounts Officer, Gujranwala. The appellant filed a representation before the next higher authority which was also rejected. Hence this appeal. 5. Learned counsel for the appellant has filed a lengthy appeal as well as has lead very lengthy arguments and has submitted that actually the retirement of the appellant was due to malice as once an enquiry against him under the Efficiency and Discipline Rules, failed on the strength of his strong defence, the competent authority took revenge by getting rid of him under the authority of section 12 (ii) of the Punjab Civil Servants Act, 1974. He has however, made a grievance that he was brought on Patwari cadre in 1961, therefore, his earlier service of candidate, should not be counted towards his pension benefits and in this way the…

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