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Civil Servants Act (LXXI of 1973)--- ----S. 13(ii)---Provisional Constitution Order (1 of 1981), Art. 13(1)--­Constitution of Pakistan (1973), Art. 270-A---Compulsory retirement---Appellant retired from service under section 13(ii), Civil Servants Act, 1973 on completion of 25 years qualifying for pension and retirement benefits---Appellant challenged order of his retirement in appeal before Service Tribunal but same was dismissed after having abated by virtue of provisions of Art. 13(1), Provisional Constitution Order, 1981 and provisions of S. 13(i) & 13(ii) of Civil Servants Act, 1973 declared as repugnant to Islam in so far as they did not provide for notice of action proposed to be taken---Appellant did not challenge that decision before the Supreme Court---Decision of Tribunal thus became final---Order of retirement was passed by the competent Authority, in normal course and in accordance with law then prevailing---Appeal against such order, being not maintainable was dismissed in circumstances. PLD1958SC(Pak.)104;PLD1965SC68;PLD1966SC276; P L D 1967 S C 294; P L D 1969 Lah. 1039 and 1990 SCMR 1508 rel. Appellant in person. Hafiz Tariq Naseem for Respondent. Date of hearing: 26th November, 1990. JUDGMENT SYED ALLY MADAD SHAH (CHAIRMAN).---Appellant Mr. Zahiruddin Babar was Chief Signals and Telecommunication Engineer in the Pakistan Railways Department. He was retired from service under the provisions of clause (ii) of section 13 of the Civil Servants Act, 1973, on completion of 25 years of service qualifying for pension and other retirement benefits, vide Gazette Notification dated 23-11-1980. His retirement was to take effect from 24-11-1980 or on the expiry of leave preparatory to retirement if applied for within a month. He challenged the said notification before this Tribunal in Appeal No. 43 (L)/81 filed on 20-4-1981. His appeal was disposed of as having abated by virtue of Article 13(1) of the Provisional Constitution Order, 1981. After pronouncement of the judgment by the Supreme Court dated i1-3-1987 in Shariat Appeals Nos. 6 of 1983; Nos. 14, 15, 19 and 34 of 1984; and No. 1 of 1985 that, amongst other laws, the provisions of clauses (i) and…

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