| Citation(s) |
|---|
| 1997 SLG 709 1997 SLD 709 1997 PLC 286 |
Lahore High Court
Writ Petition No. 3188 of 1995/BWP, decision dated: 25-04-1996
ABDUL HAFEEZ CHEEMA, J
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Writ Petition No. 3188 of 1995/BWP, decision dated: 25-04-1996
ABDUL HAFEEZ CHEEMA, J
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Mrs. ZUMURAD NASIRA
VS
OFFICER, BAHAWALPUR and 2 others
Law:
Section:
Compendium of Pension Rules, 1987Para. 8Constitution of Pakistan (1973), Art. 199Constitutional petitionCivil serviceLocus poenitentiaeExercise of option to proceed on L.P.R.Withdrawal of same by civil servant before it was acted uponEffect of such withdrawalWithholding issuance of revised pay slip to civil servant on the ground that civil servant having opted for retirement/L.P.R., such option could not be withdrawn as per para. 8, Compendium of Pension Rules, 1987, therefore, no question of pay fixation would arise after retirementValidityCivil servant had applied for proceeding on L.P.R, on 1311993 with effect from 121993 to 3111994 just 18 days before actually proceeding on L.P.R. which request should have been rejected on the ground that application for leave to proceed on L.P.R. should be submitted at least three months before ,actually proceeding on L.P.R., however, when final and proper order was communicated to civil servant on 1531993, she had already moved application withdrawing her earlier application to proceed on L.P.R. by means of letter dated 2311993Civil servant before proceeding on L.P.R. or before it could have been sanctioned, had withdrawn her request and had every competence to do so in view of rule of locus poenitentiaeCivil servant was competent in law to withdraw her option of proceeding on L.P.R. before it could have been acted uponOrder of respondent denying her benefit of service had no legal sanction behindPetitioner was in service and still remained in service and there was no justification for respondent not to issue revised pay slip to her and withholding her pay and other benefits accruing from her serviceRespondent was directed to issue revised pay slip to civil servant without loss of time. PLD 1973 Quetta 4 and PLD 1969 SC 407 ref. Ch. Parmoon Bashir for Petitioner. Abdul Majeed, Deputy D.E.O. and Akhtar Hussain, Assistant Accounts Officer for Respondents. JUDGMENT Mrs. Zumurad Nasira, a P.T.C. Teacher of Government Girls primary School, Goth Gadra, Bahawalpur, has filed this Constitutional petition seeking a declaration that the order of respondent No. l withholding the issuance of revised pay slip to the petitioner is…
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