Law:

Section:

Civil Servants Act (LXXI of 1973)-----S. 13---Service Tribunal Act (LXX of 1973), S.4---Voluntary premature retirement from service on medical grounds-Entitlement to benefit/reinstatement in service---Appeal to Service Tribunal---Appellant though was fully fit and sound in health, applied for premature retirement on medical ground---Appellant was retired from service and was paid all dues and was relieved from the department---Appellant had alleged that his retirement was not voluntary but he was compelled to accept same due to rumours of retrenchment and down-sizing in the department spread by employer Corporation which amounted to mala fide and mischievous on part of Corporation---Validity---Appellant had, of his own free-will made application for retirement on medical grounds and he was retired on such ground after being examined by a competent Standing Medical Board comprising three senior Medical Officers--- Appellant had never challenged or objected to medical report and had happily accepted voluntary retirement benefits---No evidence was available on record to show that appellant was in any way made to accept said retirement against his own free-will and it could not be said that appellant was retired by mischief or with mala fide intention---Appellant after his retirement remained silent and had never sought withdrawal of his retirement and had belatedly taken plea of reinstatement after about one year of his retirement and it was not fundamental right of appellant to be reinstated in service after voluntary retirement transaction had become a chapter past and closed---Appellant had not shown as to under what law or rule of the Employer Corporation statutory or non-statutory, they were liable to get appellant re-examined in case he had regained fitness after his retirement---Appellant could not be reinstated in service, in circumstances. 1998 PLC (CS) 1121; PLD 1994 SC 647; 2000 PLC (C.S) 667 and 2002 PLC (C.S.) 526 ref. Khalid Imran for Appellant. Niaz A. Khan for Respondents. Date of hearing: 29th September, 2004. JUDGMENT QAZI MUHAMMAD HUSSAIN SIDDIQUI (MEMBER)---On being aggrieved and dissatisfied by the acts of respondents whereby the terms of the…

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