Case Details

Citation(s)
2006 SLG 1627 2006 SLD 1627 2006 PLC 304
Subordinate Judiciary Service Tribunal, Sindh
Service Appeal No.16 of 2004, decision dated: 3rd September, 2005.
JUSTICE MUHAMMAD MOOSA K. LAGHARI CHAIRMAN AND, JUSTICE KHILJI ARIF HUSSAIN, MEMBER

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SHAH NAWAZ MEERANI

VS

DISTRICT AND SESSIONS Judge, Jacobabad and others SHAH NAWAZ MEERANI vs DISTRICT AND SESSIONS Judge, Jacobabad and others

Law:

Section:

Sindh Service Tribunals Act (XV of 1973)-------S.3-B---Sindh Civil Servants Act (XIV of 1973), S. 13---Subordinate Judiciary Service--Premature retirement on application of appellant---Application for withdrawal of application for premature retirement---Rejection of application---Appeal against---Application filed by appellant for premature retirement was processed and was accepted by the competent Authority---After five days of acceptance of application of appellant for premature retirement, appellant submitted application for recalling order of his premature retirement on the ground that after retirement he had been rendered jobless and was facing with acute financial problems and that he could be allowed to withdraw his application for retirement---Such request of appellant having been rejected, he had filed appeal against the same---Appellant had himself opted to seek premature retirement from service and his request was duly processed and option exercised by appellant was not only accepted, but it was notified and duly communicated to him---Appellant was debarred from retracting and getting out of it, especially when option of premature retirement was exercised by appellant voluntarily and without coercion. Appellant in person. Ahmed Pirzada Addl. A.G. Sindh. Date of hearing: 3rd September, 2005. JUDGMENT JUSTICE MUHAMMAD MOOSA K. LAGHARI, (CHAIRMAN).---This service appeal is directed against the order dated 15th March, 2003 passed in a review petition, seeking the review of the order dated 18-7-2002 whereby the departmental appeal filed by the Appellant, challenging the order of District Judge Jacobabad dated 18-5-2002 was rejected by a learned Judge of this Court. 2. The facts in brief are that the Appellant joined service in Judicial District Jacobabad on 5-8-1968. While being posted as Reader in the Civil Court Garhi Khairo, he submitted an application on 11-4-2002 requesting therein for grant of retirement from service. Such application was forwarded by Civil Judge concerned to the District and Sessions Judge vide endorsement dated 11-4-2004. Subsequently the same was accepted by Competent Authority viz. the District and Sessions Judge Jacobabad vide…
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