Law:

Section:

Constitution of Pakistan (1973)----Art. 212(3)--Service Tribunals Act (LXX of 1973), S.4-Compulsory Retirement--Leave to appeal granted in a similar petition involving same points as in petition in hand--Leave granted. A.H. Memon, Advocate Supreme Court with A. Aziz Dastgir, Advocate-on-Record (absent) for Petitioner. Nemo for Respondents. Date of hearing: 24th August, 1986. ORDER MUHAMMAD AFZAL ZULLAH, J.--Through this petition leave to appeal has been sought from judgment, dated 14-1-1986 of the Federal Service Tribunal; whereby the petitioners appeal against compulsory retirement on ground of health, was dismissed. The petitioner and one Mr. Z. U. Khan were serving in the Plant Protection Department under the Ministry of Food and Agriculture, Islamabad. They were allegedly required to hold a Commercial Pilot licence during the continuance of service in the said Department as they were required to fly aeroplanes in addition to their other office duties, and as the authorities in the Civil Aviation Department refused to renew their commercial pilot licences on ground of ill-health, therefore, they were unable to hold the post in which the existence of commercial pilot licence was necessary. In the end after some proceedings before various authorities both Mr. Z. U. Khan and the petitioner were retired from service as Operational Managers in the said Department of Plant Protection. They filed two separate appeals before the Service Tribunal. The appeal of Mr. Z. U. Khan was heard first in time and it was dismissed mainly on the ground that non-renewal of his…

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