| Case ID |
09fbe0f4-c840-4993-ae67-893c5d4e3cfa |
| Body |
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| Case Number |
Civil Petition No. 362 of 1982 |
| Decision Date |
Jan 12, 1983 |
| Hearing Date |
|
| Decision |
The Supreme Court of Pakistan granted leave to appeal regarding the retirement request of Mian Noor uz Zaman Qureshi, who had initially sought premature retirement. The Court found that the Governor's acceptance of his retirement request was valid, and the subsequent withdrawal by the respondent was of no consequence. The Tribunal's order declaring the notification void ab initio was suspended, allowing the Provincial Government's appeal to proceed. This case highlights the legal implications of retirement requests and the authorities' responsibilities in such matters. |
| Summary |
In the landmark case of Civil Petition No. 362 of 1982, the Supreme Court of Pakistan deliberated on the retirement request of Mian Noor uz Zaman Qureshi, a Superintendent Jail in Bahawalpur. The respondent sought premature retirement on personal grounds, which was initially accepted by the Governor, granting him full pension benefits. However, he later attempted to retract his retirement request, leading to a legal battle involving the Punjab Service Tribunal. The Tribunal ruled the acceptance of retirement as void ab initio, prompting the Provincial Government to appeal to the Supreme Court. This case underscores the complexities surrounding retirement policies for civil servants and the judicial interpretations of such requests under the Constitution of Pakistan and relevant laws. Key legal principles were examined, particularly regarding the jurisdiction of the Governor and the rights of civil servants to withdraw retirement requests. The Court's decision to grant leave to appeal reflects ongoing legal discourse on employment law and civil service regulations in Pakistan. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
M. S. H. Quraishi,
Mian Burhanuddin Khan
|
| Lawyers |
M. M. Saeed Beg,
S. Abid Nawaz,
Munir Ahmad,
Ch. Muhammad Aslam
|
| Petitioners |
THE PROVINCE OF PUNJAB AND OTHERS
|
| Respondents |
Mian Noor Uz Zaman Qureshi
|
| Citations |
1983 SLD 337,
1983 SCMR 479
|
| Other Citations |
Muhammad Khan v. Pakistan (PLD 1958 Kar. 75)
|
| Laws Involved |
Constitution of Pakistan (1973),
Punjab Civil Servants Act (VIII of 1974)
|
| Sections |
Art. 212(3)
|