Law: Punjab Civil Servants Act, 1974 

Section: 12

Law: Constitution of Pakistan, 1973

Section: 212(3)

Punjab Civil Servants Act (VIII of 1974)-- ---S.12--Constitution of Pakistan (1973), Art.212(3)--Leave to appeal granted to consider whether a Government servant who had completed qualifying service for retirement and had requested for retirement and leave preparatory to retirement could not withdraw his request but it was open for department not to accept his request made later on or it was within discretion of department to decide whether to allow that government servant to retire from service or not. P L D 1973 Quetta 4 ref. ORDER WAHEEDUDDIN AHMAD, J.--The respondent was born on 11th March, 1919, and he joined Government service in the Food Deptt. on 5-1-1946. He was an Establishment Assistant in Food Department, On 20-7-70 on personal grounds he applied for retirement on completion of 25 years qualifying service and for proceeding on leave preparatory to retirement of one year w.e.f. 1-8-70. The Secretary to Government of West Pakistan, Food Department, by his Order dated 5-8-70 allowed the respondent to proceed in LPR for one year from 10-8-79 to 9-8-71 with 10-8-71 as his date of retirement. It may be noted that at the time of proceeding on LPR the respondent was in 52nd year of age and was about 5 months short of 25 years After the respondent had proceeded on LPR objection was raised by the Accountant-General, Punjab, that at the time of proceeding on LPR the respondent had not yet completed 25 years of qualifying service and under the rules he -could not be granted LPR and, therefore, his retirement was not in order. It appears that on 3-6-71 the respondent withdrew his earlier request for retirement on the ground of a change for better in his personal circumstances. Thereupon, the Secretary Food Department on 22-12-71 ordered that the LPR granted to the respondent be modified. He cancelled his order dated 5-8-70 and the respondent was retired…

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