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Civil Petition for Special Leave to Appeal No. 101‑D of 1969, decided on 9th December 1969.
(On appeal from the judgment and decree of the High Court of East Pakistan, Dacca, dated the 31st July 1969, in Appeal from Original Decree No: 688 of 1968).
East Bengal Government Lands and Buildings (Recovery of Possession) Act, 1952, (X of 1953)
--- S. 4‑Whether a Government servant on leave preparatory to retirement and handing over charge in this connection on particular date, can be said to have retired on that date within meaning of S. 4‑Special Leave to Appeal granted by Supreme Court to consider question.
Petitioner in person..
Nemo for Respondents.
Date of hearing : 9th December 1969.
‑The petitioner who retired from Govern ment service as Deputy Inspector‑General of Police filed a suit against the respondents for damages on the ground, inter alia that he had been evicted by them illegally from room No. 2 of the 48, Provincial Circuit House in respect of which he was an allottee. The eviction took place when he was on leave preparatory to retirement.
We grant leave to consider the question whether a Govern ment servant who takes leave preparatory to retirement and hands over charge in this connection on a particular date is said to have retired from service from that date within the meaning of section 4 of the East Bengal Government Lands and Buildings (Recovery of Possession) Act, 1952.
Security‑Rs. 1,000.00.
Leave granted.
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