Case Details

Citation(s)
1992 SLG 632 1992 SLD 632 1992 SCMR 1140
Supreme Court of Pakistan
Civil Appeal No.99 of 1989, decision dated: 30-07-1991(On appeal from the judgment, dated 19-4-1983 of the Punjab Service Tribunal, in Appeal No.175/1619 of 1982)
ABDUL SHAKURUL SALAM, RUSTAM S. SIDHWA AND MUHAMMAD AFZAL LONE, JJ

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AYUB HASSAN

GOVERNMENT OF THE PUNJABResponder

Law:

Section:

(a) Civil service--Retirement---Civil servant's retirement on the ground of his having completed twenty-five years 'of service qualifying for pension and other retirement benefits---Validity---Had civil servant not been retired he would have retired on superannuation ---Civil servant's service under the Central Government could not be tagged with his service under the Provincial Government---Order of civil servant's retirement by including in his service, the period of his service under the Central Government being not warranted by law, order of his retirement was set aside. (b) Civil service-- ----Retirement---Civil servant's retirement after completion of twenty-five years of service qualifying for pension and other retirement benefits--­Provincial Government while passing impugned order of civil servant's retirement had included in his service record the period of his service under the Central Government--- Service under the Central Government could not be tagged'with service under the Provincial Government---Civil servant's order of retirement being not valid was set aside. JUDGMENT ABDUL SHAKURUL SALAM, J.---This appeal by leave arises in the following circumstances: The appellant was working as Additional Sessions Judge when by an order, dated 10-12=1979 he was retired from service on the ground of having completed 25 years of service qualifying for pension and other retirement benefits. He filed a review petition but it was dismissed on 4-4-1981. He then filed an appeal before the Punjab Service Tribunal. It too was dismissed on 19-4-1983. He filed petition for leave to appeal and it was submitted that "at the time when the order of…
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