Case Details

Citation(s)
1988 SLG 1050 1988 SLD 1050 1988 PLC 398
Service Tribunal, N.W.F.P.
Appeal No. l6 of 1987, decided on 30th March, 1988.
MALIK MUHAMMAD PERVEZ KHAN, CHAIRMAN AND SAHIBZADA MUHAMMAD FARIDOON KHAN, MEMBER

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GHULAM BAHADUR KHAN

VS

THE EXECUTIVE ENGINEER, DIR C & W DIVISION, TIMERGARA and 2 others

Law:

Section:

North-West Frontier Province Service Tribunals Act (I of 1974)-- ---S.4--Civil service--Retirement from service--Appellant, an illiterate civil servant, moving application for retirement under the Rules, on completion of 25 years' service provided he was granted pensionary benefits--Application accepted by competent authority but appellant refused pensionary benefits on pretext that he had not completed period of superannuation--Competent authority found to have failed to refer -appellant's case to Accounts Office for its opinion as to whether pension could be allowed to the incumbent which resulted in irreparable loss mental torture, agony and financial hardship to appellant--Impugned order set aside and appellant directed to be re-instated in service with all back benefits--Secretary of the concerned Department also directed to take punitive action against the officer due to whose inefficiency and inaction appellant and the Department suffered a heavy loss. Atiq-ur-Rehman Qazi for Appellant. Nawab Khan for Respondent No.3. JUDGMENT MALIK MUHAMMAD PARVEZ KHAN (CHAIRMAN).--Appellant was an employee of C & W Department posted at Dir. He joined the department under the then Ruler of Dir State in the year, 1960. It so happened that later on the State, under the orders of then Government of West Pakistan merged in the Province of West Pakistan and then in the Province of N. -W. F. P. In the year, 1985, the appellant moved an application for retirement under the rules, on the completion of 25 years of service, provided he is granted pensionary benefits. The appellant claimed that he was an illiterate person and could only sign. The said application was written by one S.D.O. namely Jalal-ud-Din on 30-9-1985. The application was accepted and the appellant was sent to his home. He started enquiring from the respondents about the pension but vide impugned order dated 25-1-1987, he was surprised to know that the respondents had refused to grant the said benefits, on the pretext that he has not completed the period of superannuation. His further efforts failed; hence the present appeal on the ground that the respondents were duty bound to inform him that he could not…
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