Law:

Section:

(a) Pakistan Water and Power Development Authority Employees (Retirement) Rules, 1979--- ----R. 3(b)---Retirement---No ambiguity existing in provisions contained in R.3(b) of Pakistan WAPDA Employees (Retirement) Rules, 1979 that an employee could be retired from service by the competent Authority at either of two stages i.e. one on completion of 25 years of service qualifying for pension and other retirement benefits and other on attaining age of 55 years as might be directed by competent Authority in public interest---No bar, thus, existed to review of case of an employee at either of two aforesaid stages whichever occurred first, and allowing the employee to continue in service arid retiring him from service at stage of happening of second event---View taken by a Bench of Service Tribunal holding that case of a WAPDA employee once reviewed for retirement from service at stage of completion of his 55 years could not be reviewed again for his retirement from service on his completing 25 years service qualifying for pension, gratuity and retirement benefits was distinguished. (b) West Pakistan Water and Power Development Authority Act (XXXI of 1958)--- ----Ss. 3 & 4---Pakistan Water and Power Development Employees (Retirement) Rules, 1979, Rr.2(a) & 3(b)---Competent Authority to order retirement of WAPDA employee---Competent Authority means `Authority' or an officer designated by Authority to exercise power of competent Authority---Term `Authority' means Pakistan Water and Power Development Authority and WAPDA established by 8.3 of WAPDA Act, 1958, consisting of a Chairman and not more than three members appointed by Government as provided in S.4(1) of WAPDA Act, 1958---Question in case of appellant, a Grade-19 officer, was as to who was competent Authority for purpose of his retirement---Chairman of `Authority' was appointing Authority and `Authority' at relevant time consisted of Chairman and three members who were competent to retire him but retirement of appellant was ordered by Chairman and one of three members of `Authority --­Held, order of retirement of appellant from service was not made by competent Authority as envisaged by law---Order of…

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