| Case ID |
4286e6a6-69d2-4ba4-b28c-992bdb6ee099 |
| Body |
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| Case Number |
Service Appeal No. 84 of 2014 |
| Decision Date |
Sep 09, 2014 |
| Hearing Date |
Sep 04, 2014 |
| Decision |
The appeal was dismissed as the request for premature retirement made by the appellant was accepted and became final. The appellant, a police constable, had submitted an application for leave preparatory to retirement after completing 25 years of service, which was granted. Later, the appellant sought to withdraw this request, but the competent authority rejected this application. The tribunal upheld the decision on the grounds that once a request for premature retirement is accepted, it cannot be modified or withdrawn, as per the Balochistan Civil Pension Rules, 1989. The decision emphasizes that the retirement order attained finality, making the withdrawal request invalid. |
| Summary |
This case revolves around the process of premature retirement for civil servants under the Balochistan Civil Pension Rules, 1989. The appellant, who served as a constable in the Balochistan Police, initially requested leave preparatory to retirement after fulfilling the requisite 25 years of service. His request was accepted, but he later attempted to withdraw it. The court ruled that under the applicable rules, once the request for retirement was accepted, it could not be modified or withdrawn. This case highlights the importance of understanding the legal implications and finality of retirement applications within civil service. The ruling reinforces the principle that once a civil servant's request for retirement is granted, it is irrevocable. This case is significant for public servants contemplating premature retirement, as it clarifies the procedural limitations they face. Civil servants must be aware of the finality of their retirement requests to avoid complications that may arise from attempts to rescind such requests. Keywords: premature retirement, civil service, Balochistan Civil Pension Rules, legal implications, retirement applications. |
| Court |
Service Tribunal, Balochistan
|
| Entities Involved |
Not available
|
| Judges |
ZAHEER-UD-DIN KAKAR (CHAIRMAN),
MUHAMMAD IBRAHIM SUMALANI (MEMBER),
FARZAND ALI MENGAL (MEMBER JUDICIAL)
|
| Lawyers |
Muhammad Arshad Aziz for Appellant,
Naseer Ahmad Bangulzai, Addl. A.G. for Respondents
|
| Petitioners |
AMIR NADEEM SHAH
|
| Respondents |
another,
INSPECTOR GENERAL, BALOCHISTAN POLICE, QUETTA
|
| Citations |
2015 SLD 359,
2015 PLC 663
|
| Other Citations |
2005 SCMR 1928,
2008 SCMR 1078,
Muhammad Naseer v. Deputy Inspector-General of Police Multan Range Multan and another 2005 SCMR 1928,
Muhammad Nisar Gul Khan v. District Coordination Officer and others 2008 SCMR 1078
|
| Laws Involved |
Balochistan Civil Pension Rules, 1989,
Balochistan Service Tribunals Act (V of 1974)
|
| Sections |
3.5(ii),
4
|