| Case ID |
25973568-1cdb-4ae1-9e90-3c003ecedfc1 |
| Body |
View case body. Login to View |
| Case Number |
220-L of 1987 and 569-R of 1989 |
| Decision Date |
Jun 04, 1990 |
| Hearing Date |
Feb 25, 1990 |
| Decision |
The appeal filed by Muhammad Yousuf Malik against the rejection of his request to withdraw his premature retirement was dismissed. The Tribunal found that the appellant had voluntarily sought premature retirement after completing twenty-five years of service, and his request was accepted by the competent authority, which was the Auditor-General of Pakistan. The appellant's subsequent attempts to withdraw this request were deemed invalid as they were made after the acceptance of his original application. The Tribunal upheld that the order of retirement was valid and that the appeal was time-barred, as the appellant failed to file his appeal within the stipulated time frame. Consequently, no grounds were found to overturn the earlier decisions made by the relevant authorities. |
| Summary |
In the case of Muhammad Yousuf Malik vs. Secretary, Establishment Division and others, the Federal Service Tribunal dealt with the issue of premature retirement under the Civil Servants Act (LXXI of 1973). The appellant, Muhammad Yousuf Malik, had applied for premature retirement after completing 25 years of service. His request was granted, but later he sought to withdraw it citing various grievances. The Tribunal ruled that once the application for retirement was accepted, it could not be modified or withdrawn. The decision emphasized the importance of adhering to procedural requirements and the validity of actions taken by the competent authority. The ruling underscores the legal framework governing civil servants and highlights issues related to authority and delegation of powers. This case serves as a critical reference point for understanding the implications of premature retirement requests and the strict adherence to timelines in legal appeals. |
| Court |
Federal Service Tribunal
|
| Entities Involved |
Establishment Division,
Auditor-General of Pakistan
|
| Judges |
SYED ALLY MADAD SHAH,
RASHEED-UD-DIN ARSHAD
|
| Lawyers |
Muhammad Amir Akbar Khan,
Aftab Mahmud,
Mrs. Seemin Khan,
Muhammad Rafiq,
Akhtar Ali Shah
|
| Petitioners |
MUHAMMAD YOUSUF MALIK
|
| Respondents |
3 others,
SECRETARY, ESTABLISHMENT DIVISION
|
| Citations |
1991 SLD 2007,
1991 PLC 1072
|
| Other Citations |
P L D 1967 Lah. 68,
1977 P L C (C.S.) 333,
1984 C L C 1331,
1985 S C M R 953
|
| Laws Involved |
Civil Servants Act (LXXI of 1973)
|
| Sections |
13
|