Law:

Section:

(a) Service Tribunals Act (LRR of 1973)-- ---S.4--Water and Power Development Authority Pension Rules, 1977, Chap.III, Rr.l & 5--Retiring pension--Words "any other reason" occurring in R.5(ii) of WAPDA Pension Rules, 1977--Interpretation-­Case of appellant compulsorily retired from service before reaching age of superannuation by competent authority on ground of ill-health, held, was covered by R.5(ii) and he was entitled to retiring pension-­Impugned order refusing such pension of appellant could not be maintained--Retiring pension directed to be allowed to the appellant as permissible under the Rules. (b) Service Tribunals Act (LRR of 1973)- ---S.4(1)(a)--Appeal, competency of--No provision in relevant statute providing for any departmental appeal or representation against impugned order--Appeal filed without availing departmental remedy, held, was competent in circumstances of case. Ch. Riaz Ahmad for Appellant. Naeem Sultan for Respondent. Date of hearing: 12th January, 1988. JUDGMENT MUHAMMAD IRSHAD KHAN (MEMBER).--The relevant back-ground giving rise to the present appeal is that the appellant then an Assistant Lineman in the Respondent-Authority, on account of his ill-health, made a request for premature retirement which was accepted by the competent authority and vide order dated 7-11-1982 he was allowed to proceed on Leave Preparatory to Retirement with effect from 1-11-1982 to 31-10-1983 and it was ordered that on expiry of the said leave, he shall stand retired from his service on 31-10-1983. His pension case was processed in the parent office of the appellant and was forwarded to the Budget and Accounts Department of the Respondent-Authority. The Budget and Accounts Officer by a letter dated 24-6-1984 had rejected the pension claim of the appellant stating that the retirement of the appellant was due on 3-9-1985 on reaching the age of superannuation, and it is not understood by him how premature retirement of the appellant was ordered by the competent authority on completion of only 20 years, 7 months and 28 days' service by the appellant, hence, this appeal. 2 We have heard the learned counsel for the parties. The relevant provisions attracted…

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