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Case No. 581 of 1982, decided on 19th July, 1982.

‑‑ S. 12(ii)‑Provisional Constitution Order (1 of 1981), Art. 13 Retirement‑Person failing to point out any flaw in retirement order as prerequisite conditions for retirement under S. 12(ii), Punjab Civil Servants Act, 1974 found fully filled in by competent autho rity with all pension benefits‑Retirement hit by Art. 13, Pro visional Constitution Order, 1981 and no valid exception can be taken to order passed‑Appeal dismissed.

‑Saghir Ahmad has filed this appeal under section 5 of the Punjab Service Tribunal Act, 1974, in which he has impleaded, Member (Revenue Establishment) Board' of Revenue Punjab, Lahore and Commissioner, Sargodha Division, Sargodba, as respondents.

2. By virtue of this appeal he has prayed that the impugned orders, Annexures A' and 'B' attached with the appeal, be set aside, as being unlawful, arbitrary and against the spirit of law and the appellant be re instated in service from the date of his retirement viz. 4th December, 1979.

3. We have heard the learned counsel for the appellant as well as learned District Attorney assisted by a representative of the Department and have perused the record of this case carefully with their assistance. According to the record of this case the appellant after completing 25 years qualifying for pension and other benefits has been retired by Mr. Mahboob Ahmad, Commissioner Sargodha Division, in the public interest, under section 12(ii) of the Punjab Civil Servants Act, 1974. His representation against the said retirement was considered by Member (Revenue) Board of Revenue and the same was rejected vide order, dated 5th July, 1980.

4. The appeal is liable to be dismissed on the preliminary stage of hearing on the ground that no valid exception can be taken to his retirement order, which is hit by Article 13 of the P. C. O., 1981. The appellant has failed to point out any flaw in the impugned order as the prerequisite conditions stand duly fulfilled in his case. The appellant has been retired by the competent authority viz. the Commissioner. Sargodha Division and he has been allowed all pension benefits after he has completed 25 years of his service. We, therefore, do not find any reason to interfere with the said impugned order and proceed to dismiss the appeal in limine as being without any merits. The parties will bear their own costs.

M. Y. M.

Appeal dismissed.

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