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Case No. 120 of 1983, decided on 18th May, 1983

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‑‑‑S. 12 (ii) read with Provisional Constitution Order (I of 1981), Art. 13‑A‑Retirement after completion of 25 years' service qualifying for pension‑Order passed by competent authority- Appeal before Tribunal challenging such order dismissed.

Mian Anwar Ali for Appellant.

A. G. Humayun, District Attorney for Respondent.

‑Hafiz Muhammad Ghazi, ex‑Game Inspector has filed this appeal under section 4 of the Punjab Service Tribunal Act, 1974, in which he has impleaded the Secretary to Government of the Punjab, Forestry and Wildlife Department as respondent.

2. By virtue of this appeal the appellant has prayed that he may be reinstated in service although he has been retired under section 12 (ii) of the Punjab Civil Servants Act, 1974.

3. Brief facts of the case are that the appellant was retired earlier but his appeal was accepted by this Tribunal as the authority so retiring him was not the competent authority. What we find now is that he has been retired on 30th January, 1983 by the Secretary, Government of the Punjab, Forestry, Wildlife and Fisheries Department who for all intents and purposes, would be the competent authority in his case. The case is that of under section 12 (ii) of the Punjab Civil Servants Act, 1974, in the public interest, and the appellant has been retired from service with immediate effect or with effect from the date of expiry of leave preparartory to retirement admissible to him if such leave is applied for by him within 15 days from the date of this order and the same is granted to him.

4. We do not find any lacuna in the said order as the same has been passed by the competent authority and stands protected under, Article 13‑A of the Provisional Constitutional Order, 1981, therefore, the appeal is dismissed without costs.

A. E. Appeal dismissed.

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