Law:

Section:

(a) National Bank of Pakistan (Staff) Service Rules, 1980---- ---8. 17--Bank employee--Retirement from service after employee had completed twenty-five years of service--Employee's contention that action of retirement of employee could only be taken when he had completed 25 years of service, but if he had crossed that limit of service, then such action could not be taken against him thereafter, repelled--Word "after" used in R. 17(1)(a) empowers the competent Authority to retire any employee on any date after he had completed 25 years of service--Competent Authority has thus been armed with the power to retire in the interest of the Bank any employee on any date after he had completed 25 years of service. (b) National Bank of Pakistan (Staff) Service Rules, 1980---- ---R. 17--Retirement of Bank employee after he had completed 25 years of service, would not amount to mala tide action but in accordance with normal terms and, conditions of his service. P L D 1987 S C 304 distinguished. JUDGMENT NAZIR AHMED BHATTI, J.--Muhammad Yaqoob Sethi petitioner herein was an employee of the National Bank of Pakistan. He had put in 31 years of service and was Senior Vice-President of the Bank at Peshawar when on 14-5-1984 he was retired from service with effect from 14-5-1985 after availing of leave preparatory to retirement for one year. The petitioner has challenged his retirement by the writ petition in hand on the grounds inter alia that rule 17 of the National Bank of Pakistan (Staff) Service Rules, 1980 (hereinafter referred to as the rules), whereunder he has been retired, has been wrongly pressed into service inasmuch as that when the petitioner completed 25 years of service on 15-6-1978 instead of retirement he was promoted to the post of Senior Vice­-President and since no action under the said rule was taken against him when he had completed the said 25 years service, he could not be retired under the rule. His further contention is that his retirement tantamounted to compulsory retirement for which a separate provision existed in the rules; that he had been condemned unheard against the principle of natural justice; that he had excellent record of service and the…

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