Law:

Section:

Civil service- ---Payment of salary beyond age of superannuation; "whether permissible-- Railway servant's suspension continued beyond age of superannuation during which period he received subsistence allowance--Railway servant, on acquittal from criminal case, claimed arrears of pay up to the date of his suspension-Held having been retired from service by operation of law on attaining the age of superannuation, no question arose for giving him an salary merely because he was kept under suspension erroneously. JUDGMENT This petition under Article 199 of the Constitution of Islamic Republic of Pakistan, 1973, calls in question order dated 6-7-1988 of the Punjab Labour Appellate Tribunal, whereby respondent No. 3 was directed to be paid salary and allowance for the period he remained under suspension from 3-11-1980 to 16-5-1983, due to the pendency of a criminal case agar him from which was ultimately acquitted. 2. The case of the petitioner is that respondent No. 3 retired from service by efflux of time on attaining the age of superannuation of 60 years on 30-11-1980 and, therefore, no question arises of giving him any salary subsequent to that period merely because erroneously he was kept under suspension from 3-11-1980 to 16-5-1983, during which period he also received subsistence allowance which is now being claimed to be deducted from his dues. 3. Learned counsel for respondent No. 3 vehemently argued that settlement letter No. 729-E/3/710-P-1, dated 4-10-1980 was issued by the Divisional Superintendent of Railways to all concerned agencies to know if there were any debits against him during the last few months of his service, he worked as Station Master, as he was due to retire on 30-11-1980 under the age limit. Subsequently, this letter was cancelled by the Divisional Personnel Officer, Pakistan Railways, Lahore, vide memo No. 729-E/3/710-P-1, dated 12-11-1980 with the remarks:-- "He is not to be retired from service till the case against him is finalised." 4. I have perused the record brought by the Assistant Personnel Officer, Pakistan Railways, Lahore with the assistance of the learned Additional Advocate-General and the learned counsel for the…

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