Law:

Section:

(a) Service Tribunals Act (LXX of 1973)-- --Ss. 4 & 7---Supplementary Rule 4-AA made under Fundamental Rule 10-A-Retirement-Medical grounds---Appellant retired on medical grounds with retrospective effect by amending his date of retirement and asked to refund amount of salary received after date of retirement so amended-Amended order issued by Government simply to wriggle out of strong plea raised by appellant that amount of salary received by appellant for period alleged to have been paid in excess was actually paid for duties performed when appellant was very much in service-Medical Board not finding appellant incapacitated or invalided for purpose of government service-Order of appellant set aside and appellant ordered to be reinstated in service from date of his retirement as amended Appellant was also declared entitled to consequential service benefit. Per N.A. Choudhry, Member -- (b) Service Tribunals Act (LXX of 1973)-- ---Ss. 4 & 7--Retirement--Medical grounds- Opinion of competent Medical board to declare a civil servant invalid for purpose of retirement from Government service, held, was to be specific, definite and conclusive-­Report of Medical Board qualified and non-specific with indication for improvemc-sit of his health to enable him to resume duties on performance of eye operation--Second Medical Board never examined petitioner and did not submit any medical report--Orders of retirement passed by Government, held, was without support of Rules and applicable instructions. Manzoor Ali Khan for Appellant. Syed Mohammad Shahudul Haque for Respondents. Date of hearing: 10th April, 1979. ORDER A.Q.K. AFGHAN (MEMBER).--Mr. Abdul Rehman, the appellant, while he was serving as Deputy Director (Inspection), Department of Investment Promotion and Supplies, Karachi, received an order contained `in the Notification No. PF-1(60) Coord-II, dated 21-5-1975 in which the Industries Division retired him from service with retrospective effect from 3-8-1974 (Annexure 'A' to the memo. of Appeal). 2. In pursuance of the aforementioned Notification the Department of Investment Promotion and Supplies, Karachi issued a letter No. E.V./136(1)/51, dated 31-5-1975…

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