| Case ID |
3921987c-86ea-437a-ac3d-8e42dd52070f |
| Body |
View case body. Login to View |
| Case Number |
Appeal No. 977/284 of 1986 |
| Decision Date |
Mar 31, 1990 |
| Hearing Date |
Mar 12, 1990 |
| Decision |
The Tribunal determined that the civil servant, who was a bailiff in court, was eligible for encashment of his Leave Preparatory to Retirement (L.P.R.) after 25 years of service. The District Accounts Officer's refusal to grant this request based on a Finance Department letter requiring 30 years of qualifying service was found to be incorrect. The Tribunal ruled that according to Section 12 of the Punjab Civil Servants Act (VIII of 1974), prior to its amendment in 1987, a civil servant retired after 25 years of service is entitled to all retirement benefits, including L.P.R. encashment. |
| Summary |
This case revolves around the interpretation of the Punjab Civil Servants Act (VIII of 1974), particularly Section 12, which addresses retirement benefits for civil servants. The case was brought before the Service Tribunal of Punjab by Ghulam Muhammad, a civil servant who was forced into leave and subsequently retired after completing 25 years of service. The core issue was whether he was entitled to encashment of his Leave Preparatory to Retirement (L.P.R.) after being denied this by the District Accounts Officer, who cited a Finance Department directive requiring 30 years of service. The Tribunal ruled in favor of Ghulam Muhammad, asserting that the law as it stood prior to its amendment permitted such encashment after 25 years of service. This decision underscores the importance of understanding legal entitlements and the application of statutory provisions in civil service matters. The ruling not only clarifies the rights of civil servants regarding retirement benefits but also highlights the Tribunal's role in safeguarding these rights against administrative errors. The keywords for SEO optimization include 'Punjab Civil Servants Act', 'retirement benefits', 'L.P.R. encashment', and 'Service Tribunal Punjab', which are trending in legal discussions and search queries. |
| Court |
Service Tribunal, Punjab
|
| Entities Involved |
Not available
|
| Judges |
MUHAMMAD MEHMUD ASLAM PIRZADA,
ABDUL HAMID KHAN
|
| Lawyers |
M.A. Riaz,
A.G. Humayun
|
| Petitioners |
GHULAM MUHAMMAD
|
| Respondents |
2 others,
DISTRICT AND SESSIONS JUDGE, MUZAFFARGARH
|
| Citations |
1992 SLD 1097,
1992 PLC 1057
|
| Other Citations |
Not available
|
| Laws Involved |
Punjab Civil Servants Act (VIII of 1974)
|
| Sections |
12
|