Law:

Section:

Sindh Service Tribunals Act (XV of 1973)-------S. 4---N.E.D. University of Engineering and Technology Act (III of 1977), Ss.28(iv), 38 & 46(1)(a)---N.E.D. University of Engineering and Technology, Karachi, Employees (Efficiency and Discipline) Statutes, 1990-,--Constitution of Pakistan (1973), Arts.188 & 212(3)---Review of Supreme Court ---Retirement under duress and compulsion---Retraction---Scope---Departmental appeal not dismissed on ground of limitation---Service appeal filed within time not to be dismissed by Service Tribunal---Proper and relevant case-law not referred to in sought to be reviewed--Petitioner being an employee of University submitted an application before Vice-Chancellor for proceeding on Leave Preparatory to Retirement w.e.f. 16-12-2002, which was accepted, allowing petitioner to retire on completion of 25 years qualifying service w.e.f. 13-10-2003---Petitioner filed departmental appeal on 31-7-2003 for withdrawal of order of retirement but his appeal was rejected---Petitioner preferred an appeal before Sindh Service Tribunal, stating therein that option exercised by him for retirement on completion of 25 years qualifying service was not voluntary but under duress---Service Tribunal allowed appeal and held that appeal before Tribunal was competent, though departmental appeal was barred by time having not been rejected on the said ground and further that exercise of option by petitioner for retirement was not voluntary but under duress---Appeal filed thereagainst by the University was accepted by Supreme Court---Petitioner filed review petition against the of Supreme Court, contending therein that Supreme Court had erred in law in holding that Service Tribunal dismissed appeal on ground that departmental appeal of petitioner was barred by limitation which finding was contrary to decision of larger Bench of Supreme Court and that Supreme Court erred in law in holding that option once exercised was not to be revoked in the circumstances of the present case---Petitioner further contended that departmental appeal of civil servant having not been dismissed on ground of limitation, service appeal filed within time could not be dismissed…

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