| Citation(s) |
|---|
| 1987 SLG 1421 1987 SLD 1421 1987 PLC 896 |
Service Tribunal, Punjab
Case No. 642 of 1983, decided on 4th November, 1986.
S. ABDUL, JABBAR KHAN, CHAIRMAN, SARFRAZ HASSAN AND MIAN FAIZ KARIM, MEMBERS
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Case No. 642 of 1983, decided on 4th November, 1986.
S. ABDUL, JABBAR KHAN, CHAIRMAN, SARFRAZ HASSAN AND MIAN FAIZ KARIM, MEMBERS
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MANSOOR-ULHASSAN
VS
CHIEF SECRETARY, GOVERNMENT OF THE PUNJAB
Law:
Section:
Punjab Civil Servants Act (VIII of 1974)-- ---S.12(ii)--Provisional Constitution Order (1 of 1981), Art.13--Punjab Service Tribunals Act (IX of 1974), S.4--Retirement after completion of 25 years of service qualifying for pension--Order passed by competent authority--Review petition under Art.13 of the Provisional Constitution Order, 1981 rejected--Appeal before Tribunal not properly formed and without any proper prayer and simply stating "reasons of complaint/facts/history"-No malice shown against Government or competent authority--Tribunal, in circumstances, declined to interfere. Appellant in person. Khurshid Akbar Cheema, Deputy District Attorney for Respondent. JUDGMENT FAIZ KARIM (MEMBER). --Mansoor-ul-Hassan, appellant has filed this appeal under section 4 of the Punjab Service Tribunals Act, 1974, against the order dated 7-1-1980 vide which the appellant was retired under section 12(ii) of the Civil Servants Act. The appellant has impleaded the Chief Secretary, Government of the Punjab as respondent. 2. Through this appeal, the appellant has prayed that the impugned order may be set aside and the appellant be re-instated in service. 3. Brief facts of the case are that the appellant was retired under section 12(11) of the Punjab Civil Servant Act vide order dated 7-1-1980 of the Secretary, Government of the Punjab, Housing and Physical Planning Department. Aggrieved by this order the appellant filed review petition dated 12-1-1980 to the Chief Secretary, Punjab which was dismissed vide letter dated 23-1-1981 of the Chief Secretary (Annexure 'C' of the appeal). It appears that the appellant also previously filed Appeal No.453/1981 before the Punjab Service Tribunal which was dismissed vide following observations:- "The appellant has completed 25 years of service qualifying for pension and other benefits. The competency of the authority issuing the impugned order is not questioned. No malice is imputed to the authority. Under the provisions of the Provisional Constitutional Order, 1981, this appeal abates and is, therefore dismissed. However, the appellant, if so advised, can file an appeal with the competent authority, as provided by the PCO 1981.…
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