Law: Constitution of Pakistan, 1973

Section: 199

(a) Constitution of Pakistan (1973)-------Art. 199---Constitutional petition---Application for recruitment as police constable--- Petitioner who joined Pakistan Army, was promoted to the post of Lance Naik---After serving for ten years and five months, petitioner elected to retire from Pakistan Army and transferred to pension establishment and he was discharged from service with grant of pensionary benefits---In response to an advertisement for the post of police constables, petitioner being eligible for the said post applied for recruitment as constable---Petitioner, who was declared fit for civil employment, fulfilled all requirements of recruitment as police constable, but was not considered for said post on the ground that he was not a regular retired Army personnel and that he was discharged from Pakistan Army on his personal request---Validity---Petitioner who elected to get discharged from service before his retirement, would be considered to be a `retired person' for the purpose of getting re-employment in civil service---Petitioner who would be deemed to be retired as Army personnel, was eligible for the post of constable---Accepting constitutional petition, authorities were directed by the High Court, to entertain application of petitioner, consider the same and pass appropriate order as per law and rules. (b) Words and phrases--- ---`Retire', `retirement' and `election', defined and explained. Ch. Muhammad Rafiq Warraich for Petitioner. Faisal Ali Qazi, Asstt. A.-G. with Muhammad Asghar, S.-I. Police Station Civil Lines, Gujrat for Respondents. Date of hearing: 21st December, 2006. JUDGMENT FAZAL-E-MIRAN CHAUHAN, J.---Briefly the facts of the case as gleaned from the petition are that; the petitioner joined Pakistan Army as Sepoy on 25-2-1994 and on the basis of good performance in his duties, he was elevated to the post of Lance Naik allotting No.3341278 of 18th Battalion Frontier Force Regiment. In the year, 2004, according to the policy of Pakistan Army, the petitioner was transferred to pension establishment w.e.f. 5-8-2004 and was discharged from service with grant of pensionary benefits, which fact stands established from the perusal of…

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