Law:

Section:

Civil service-------Premature retirement under Voluntary Separation Scheme---Employee opted for pre-mature retirement under Voluntary Separation Scheme floated by employer Corporation and employee was accordingly retired---Employee had claimed that he had withdrawn his option before its acceptance---Corporation had' conceded in its written objections that employee had sent an application for cancellation of his option exercised under Voluntary Separation Scheme before its acceptance---Principle of "approbation and reprobation" was not applicable to the facts of the case since it was admitted on part of Corporation that employee had not received his pensionary benefits---Non-acceptance of pensionary benefits was a sufficient proof of the fact that employee was not willing to go on retirement---Employee was competent to withdraw his option before its acceptance---Since employee had withdrawn his option before its acceptance, he should not have been retired notwithstanding stipulation in the Scheme that option once exercised could not be revoked---Scheme introduced by Corporation was an offer made to employee to enter into a contract---Before completion of contract i.e. acceptance of his offer for retirement, employee had made a representation that his option be deemed to have been withdrawn---Before contract could be completed between employee and Corporation, employee having withdrawn his offer, Corporation was not justified in ordering his retirement---Order retiring employee from service was set aside and he was ordered to be reinstated in service with back-benefits. Abdul Wahid Ch. for Appellant. Sardar Muhammad Tariq Dreshak for Respondents. Date of hearing: 11th December, 2004. JUDGMENT MOAZZAM HAYAT (MEMBER).--- Appellant Muhammad Iqbal Khan was an Officer Grade-III, in the Branch Office of Small Business Finance Corporation, Hafizabad. The Corporation floated a scheme called Voluntary Separation Scheme. Options were solicited from the employees for separation/retirement. The appellant also opted for premature retirement under the scheme. He was accordingly retired vide order, dated 16-10-2000. His departmental appeal dated 13-11-2000 against his…

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