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PROVINCE OF SINDH versus MALIK GHULAM HUSSAIN


Service Tribunals Act 1973 Section 4 Constitution of Pakistan (1973), Article 1212 (3) Date of official employment Retirement from service based on wrong entry in wrong date was written in his service book 1 3 1941, and on it His date of birth was recorded in the record 1 3 1939, thus, he retired from the job on 28 2 1999, the public servant challenged his retirement notification and consequently the benefits and the modified salary / pension. Etc. claimed. By filing an appeal to the department, but the same was dismissed by the Service Tribunal, which accepted the appeal of the public servant, when the Assistant Advocate General conceded that the public servant was mistakenly retired due to misunderstanding. And the department's involvement was due to a negligent intention that after retirement from public service, the public servant was not entitled to any relief and that the compensation of such public servant could not be resolved by service tribunal. Due to the department's error, the public servant was deprived of his legal liability / benefits, which could no longer be allowed to take advantage of his unreasonable act of wrongdoing, and the commission order presented by the service tribunal was merely and Appropriate, which did not guarantee any interference, the Supreme Court refused to grant leave for appeal and in the circumstances dismissed the application.

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