| Case ID |
e06452ba-2712-43ea-9cca-080e17af3e3c |
| Body |
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| Case Number |
Civil Appeal No.381-L of 2009 |
| Decision Date |
Apr 05, 2010 |
| Hearing Date |
Apr 05, 2010 |
| Decision |
The Supreme Court upheld the order of the High Court and ruled that the employee, who had availed leave preparatory to retirement, could not withdraw his request for retirement after having exercised his option. The Court emphasized that the relevant provisions of the Punjab Civil Services Pension Rules were not adhered to by the High Court in accepting the constitutional petition. The decision of the Supreme Court clarified that any withdrawal of a retirement request must be made before the acceptance by the competent authority, reinforcing the binding nature of earlier judgments. |
| Summary |
This case revolves around the interpretation of the Punjab Civil Services Pension Rules regarding voluntary retirement and the withdrawal of such requests. The Supreme Court of Pakistan examined whether an employee could retract a retirement application after utilizing leave preparatory to retirement. The Court emphasized the importance of adhering to established laws and procedures, highlighting that failure to do so undermines the integrity of service regulations. The judgment reinforces the principle that once a retirement option is exercised, it cannot be retracted without prior acceptance from the relevant authority. This case serves as a critical precedent for future employment and retirement disputes within the public sector, showcasing the judicial approach to administrative law and employee rights in Pakistan. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
RAJA FAYYAZ AHMAD,
CH. IJAZ AHMED
|
| Lawyers |
Muhammad Hanif Khattana, Additional Advocate-General for Appellants,
Mian Shah Abbas, Advocate Supreme Court for Respondent
|
| Petitioners |
SECTION OFFICER, GOVERNMENT OF PUNJAB, FINANCE DEPARTMENT
|
| Respondents |
GHULAM SHABBIR
|
| Citations |
2010 SLD 2826,
2010 SCMR 1425
|
| Other Citations |
PLD 1969 SC 278,
PLD 1979 SC 835,
1984 SCMR 334
|
| Laws Involved |
Constitution of Pakistan (1973),
Punjab Civil Services Pension Rules, 1995
|
| Sections |
Art. 185(3),
Arts. 189 & 190,
R.3.5
|