Law:

Section:

(a) Constitution of Pakistan (1973)-------Art. 185(3)---Leave to appeal was granted by Supreme Court to consider the contentions of employer/bank that High Court had erred in law in allowing employee's Constitutional petition as he could not have withdrawn his request for retirement after availing leave preparatory to retirement and that if order passed by High Court would be allowed to remain in field it would be taken as precedent and entire fabric of service would be punctured, while the employee contended that petition was barred by time and before completion of leave preparatory to retirement, he had lawfully withdrawn his request for retirement. (b) Punjab Civil Services Pension Rules, 1995--- ----R.3.5, Note-I---ESTACODE, 2003 Edition (Punjab), page 690---Leave preparatory to retirement---Withdrawal---Respondent was employee of bank, who applied for voluntary retirement and had availed leave preparatory to retirement---After availing almost full period of leave preparatory to retirement, employee withdrew his option of retirement-Bank did not allow the employee to withdraw his option of retirement but High Court in exercise of Constitutional jurisdiction directed the bank to let the employee withdraw his option of retirement---Validity---Employee availed leave preparatory to retirement for almost 365 days in view of his acceptance of retirement by bank vide order dated 16-6-2006 coupled with the fact that employee had submitted application for withdrawal of his voluntary retirement just five days before his actual retirement on 30-6-2007---Employee had taken benefit of order dated 16-6-2006 and had mentioned his intended date of retirement as 30-6-2007---On 19-5-2008, competent authority dismissed his application for withdrawal of his resignation with cogent reasons in terms of law on the subject---Employee had failed to point out any illegality in the order passed by bank---High Court accepted Constitutional petition filed by employee, without adverting to relevant rules on the subject---Judgment passed by High Court was set aside by Supreme Court while the order dated 19-5-2008, passed by authorities was upheld---Appeal was allowed. (c) Administration…

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