Law:

Section:

House Building Finance Corporation Services Regulation, 1957-------Regln. 11---Civil Servants Act (LXXI. of 1973), S.19----Service Tribunals Act (LXX of 1973), Ss. 2-A & 4---Constitution of Pakistan (1973), Art .212(3).--Premature retirement from service---Respondent being employee of House Building Finance Corporation made application for premature retirement but before its acceptance, he made written request for its withdrawal, which was turned down by the Corporation---Service Tribunal accepted the respondent's appeal--Supreme Court granted leave to appeal, inter alia to examine whether employees of Corporation were not entitled to get benefit from instructions issued by Government of Pakistan from time to time particularly in respect of matters relating to retirement from service and such instructions on the basis of which, an application for premature retirement could be withdrawn; that whether respondent had submitted application to withdraw his request for premature retirement before passing of final order, if so to what effect; and that whether respondent in view of O.M. No. OB2/12/63 (Imp)(1), dated 18-8-1966 as amended by Ministry of Finance, Government of Pakistan vide O.M. No.OB.2/12/63(Imp)(1), dated 14-12-1967, could withdraw his request of premature retirement, because according to this O.M. once such request was made, that could neither be modified nor withdrawn. PLD 1973 Quetta 4 and AIR 1956 All. 153 ref. Raja Muhammad Asghar Khan, Advocate Supreme Court and M.A. Zaidi, Advocate-on-Record for Petitioners. Sh. Riaz-ul-Haq, Advocate Supreme Court and Ch. Muhammad Akram, Advocate-on-Record for Respondent. Date of hearing: 11th January, 2002. ORDER IFTIKHAR MUHAMMAD CHAUDHRY, J.---This petition for leave to appeal has been filed against the judgment dated 19-12-2000 passed by Federal Service Tribunal, Islamabad whereby service appeal filed by respondent was allowed. 2. Precisely stating facts of the case are that on 10th September 1999, respondent being employee of the petitioner-department requested for his premature retirement in terms of Circular No.(03-28)/P/PSD/00/1231, dated 20th July, 1999. The application was entertained and statedly…

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