Law: Constitution of Pakistan, 1973

Section: 185(3)

Law: Civil Servants Act, 1973

Section: 13(ii)

Constitution of Pakistan (1973)—   ---Arts.185(3) 199--Civil Servants Act (LXXI of 1973), S.13(ii)-­Constitutional jurisdiction, exercise of--Retirement from service-­Retirement from service under S.13(ii) of Act (LXXI of 1973)-­Petitioner seeking reinstatement and back benefits--High Court declined to exercise its constitutional jurisdiction because petitioner had been allowed L.P.R. as per his request, was honourably retired, had received amount of his G.P. Fund and had already attained 60 years if age--Supreme Court agreeing with High Courts order, refused leave to appeal. ORDER NASIM HASAN SHAH, J.--The petitioner is an employee of the Telegraph and Telephone Department and has been working herein for nearly 30 years. For an alleged misconduct the Assistant General Manager, Western Telecommunication Region, Quetta, ordered his compulsory retirement from Government service with immediate effect under rule 4 (b) (II) of the Government Servants Efficiency and Disciplinary Rules, 1973, on 19-1-1983. He filed an appeal against the said order on 13-2-1983 and on the next day i.e. 14-2-1983 he also submitted an application for being allowed to avail leave preparatory to retirement. Shortly thereafter on 11-4-1983, he also submitted an application for pension, which was forwarded to the competent authority. In the meantime, an application under section 25-A of the Industrial Relations Ordinance, 1969, was also submitted before a Labour Court but this was dismissed on 30th November, 1983. However, his appeal before the Labour Appellate Tribunal was allowed on 20-9-1984 and the case was remanded for adjudication afresh. Thereafter,…

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