| Case ID |
0abf93b9-3d4f-450a-a5b0-9587c46e10c1 |
| Body |
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| Case Number |
Appeal No 436 of 1974 |
| Decision Date |
Feb 28, 1971 |
| Hearing Date |
|
| Decision |
The appeal was accepted, and the Tribunal directed the respondents to pay the appellant within three months the amounts claimed for pay and leave preparatory to retirement. The key point of the decision was that the appellant was entitled to the leave he applied for since the competent authority failed to sanction it, and his application for withdrawal of the retirement request should have been honored. The court emphasized the inconsistency of the relevant regulations and the requirement for the competent authority to verify the completion of qualifying service for retirement. |
| Summary |
In the case of Sarwar Din vs. Government of N.W. V. P., the Service Tribunal analyzed the appellant's application for retirement and subsequent request for leave preparatory to retirement (L.P.R.). Sarwar Din had initially applied for retirement on 11-1-1972 based on his belief that he would complete 25 years of service qualifying for a pension. However, he later withdrew this application due to improved family circumstances. The Tribunal found that the competent authority's denial to allow the withdrawal of the application was unjustified. The ruling reiterated that the application for retirement does not automatically lead to retirement if not sanctioned by the competent authority, highlighting the importance of due process in administrative decisions. The decision also pointed out inconsistencies in the regulations governing retirement and leave applications, leading to the conclusion that the appellant was entitled to L.P.R. and salary for the period he continued to serve post-retirement. This case underscores the rights of government servants regarding retirement applications and the necessary adherence to service rules and regulations. Keywords: N.W.F.P. Service Tribunal, retirement application, leave preparatory to retirement, government servant rights. |
| Court |
Service Tribunal, N.W.F.P.
|
| Entities Involved |
Not available
|
| Judges |
MUHAMMAD KHURSHID KHAN,
ALLAH BAKHSH
|
| Lawyers |
Not available
|
| Petitioners |
SARWAR DIN
|
| Respondents |
2 OTHERS,
GOVERNMENT OF N.W. V. P.
|
| Citations |
1977 SLD 1558,
1977 PLC 153
|
| Other Citations |
P L D 1973 Quetta 4
|
| Laws Involved |
N.W.F.P. Service Tribunals Act (I of 1974)
|
| Sections |
4
|