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Writ Petition No. 1112 of 1980, decided on 19th January, 1985.

‑‑‑S. 12(ii)‑‑Constitution of Pakistan (1973), Art. 199‑‑Premature retirement‑‑Employee joining service on 2‑3‑1955, retired on 21‑1‑1980 on assumption of having completed 25 years of service‑‑Employee could have been retired only after 1‑3‑1980 on completion of 25 years of service‑‑Employer realizing mistake as to premature retirement, undertaking to withdraw earlier order of retirement and to issue fresh order of retirement in accordance with requirements of law‑‑Employee having no objection to fresh order of retirement, petition allowed in circumstances.

Ch. Muhammad Abdullah and Khan Muhammad Bajwa for Petitioner.

S.M. Zubair, A.A.‑G. for Respondents.

Date of hearing: 19th January, 1985.

Learned counsel for the petitioner has produced an order of the Deputy Commissioner, Sialkot, dated 2‑3‑1955, a photostat copy of the same is on the record, in which it is stated that "He being a candidate of this office is appointed as Junior Clerk in my office in the grade of Rs.60‑4‑100/5‑120 subject to a maximum of Rs.75 per month, plus the usual other allowances in force. His appointment is of purely temporary nature and his services are liable to be terminated at a month's notice without assigning any reason." He continued to serve the Department in due course. Vide order, dated 21‑1‑1980, the Deputy Commissioner, Sialkot observed that he (the petitioner) "has completed 25 years of service qualifying for pension or other retirement benefits" and "Now, therefore, in exercise of the powers conferred by clause (ii) of section 12 of the Punjab Civil Servants Act, 1974, 1, Malik Jehangir Khan, Deputy Commissioner, Sialkot hereby direct it‑: public interest that Mr. Bashir Ahmad, Junior Grade Clerk, Wasil Baqi Nawis, Shakargarh shall retire from Government service with immediate effect ." This is challenged through the aforetitled constitutional petition.

2. Learned counsel for the petitioner submitted that the petitioner was appointed by the Deputy Commissioner, Sialkot as a Junior Clerk, vide his order, dated 2‑3‑1955; therefore, he was to complete his 25 years of service on 1‑3‑1980. The impugned order passed earlier on 21‑1‑1980 on the assumption that the petitioner had completed 25 years of service is patently mistaken and without lawful authority. The petitioner could have been retired only after 1‑3‑1980.

3. The learned Assistant Advocate‑General states that in view of the order of the Deputy Commissioner, Sialkot, dated 2‑3‑1955, the impugned order of the Deputy Commissioner, dated 21‑1‑1980 shall be withdrawn and a fresh order of retirement of the petitioner shall be passed, if necessary. Learned counsel for the petitioner has no objection to it.

4. In view of the above, the petition is allowed. In the circumstances, the parties shall bear their own costs.

A.A.

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