Case Details

Citation(s)
1995 SLG 1395 1995 SLD 1395 1995 PLC 644
Supreme Court of Pakistan
Civil Petition No. 448/L of 1994, decided on 7th May, 1994.
ABDUL QADEER CHAUDHRY AND SALEEM AKHTAR, JJ

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MUHAMMAD RAFIQUE

VS

PAKISTAN RAILWAYS through its General Manager, Headquarters Office, Lahore and others

Law:

Section:

(On appeal from the /order, dated 24-3-1994, of the Federal Service Tribunal, Islamabad, passed in Appeal No. 2(L)/94). Civil service--- ----Constitution of Pakistan (1973), Art 212(3)---Application for premature retirement ---Withdrawal of such application ---Effect ---Civil service submitting application on 1-1-1992, seeking premature retirement with effect from 2-4-1992---Civil servant subsequently submitting another application on of his application for premature retirement ---Civil servant was retired on 2-4-1992 ---Validity ---Before the order of retirement, civil servant had already submitted his application which was received by competent authority on 21-3-1992---Civil servant was authorized to withdraw his application for premature retirement before its acceptance by competent authority ---Civil servant having been retired after the receipt of his subsequent application for withdrawal of his application seeking premature retirement, his retirement after the receipt of his withdrawal letter needed examination--­Leave to appeal was granted in circumstances. Malik Muhammad Nawaz, Advocate Supreme Court instructed by Tanvir Ahmad, Advocate-on-Record for Petitioner. Nemo for Respondents. Date of hearing: 7th May, 1994. ORDER ABDUL QADEER CHAUDHRY, J.---Leave to appeal has been sought against the judgment of the Federal Service Tribunal, Islamabad, dated 24-3-1994. 2. The facts in brief are that the petitioner submitted an application on 1-1-1992, seeking pre-mature retirement with effect from 2-4-1992. The petitioner submitted another application, on 19-2-1992, to respondent No.4, for withdrawal of his application for premature retirement. The petitioner was retired with effect from 2-4-1992. The petitioner's departmental representation, against the order of his retirement, was dismissed by the competent authority. He approached the Federal Service Tribunal, but his appeal was dismissed by the impugned judgment, 3. According to the Tribunal, the…
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