2002 PLP (C (PLC(CS))

IFTIKHAR MUHAMMAD CHAUDHRY, J.‑‑‑This petition for leave to appeal has been filed against the judgment dated 19‑12‑2000 passed by Federal Service Tribunal, Islamabad whereby service appeal filed by respondent was allowed.

2. Precisely stating facts of the case are that on 10th September 1999, respondent being employee of the petitioner‑department requested for his premature retirement in terms of Circular No.(03‑28)/P/PSD/00/1231, dated 20th July, 1999. The application was entertained and statedly same was accepted on 13th October, 1999 w.e.f. 16th October, 1999. It so happened that in the meanwhile on 12th October, 1999 respondent submitted a written request with the prayer that his earlier application dated 10th September, 1999 may be allowed to be withdrawn because he is not interested in his premature retirement. The request so made by him was turned down, as such petitioner approached to the Federal Service Tribunal for the redressal of his grievance by filing appeal which has been accepted by means of order dated 19th December, 2000. As such instant petition has been filed by the department.

3. Learned counsel for the petitioner contended that the petitioner?-organization in the Circular dated 20th July, 1999 has adopted office memorandum being No.OB.2/12/63 (Imp) (1) dated 18th August, 1966 and as amended by Government of Pakistan Ministry of Finance vide O.M. No. OB.2/12/63.(Imp)(1) dated 14th December, 1967. According to him, as per this O.M. once an application is submitted by an employee for premature retirement on completion of 25 years' service, qualifying for pension, he would not be allowed to withdraw his request for premature retirement.

4. On the other hand, learned counsel for caveator stated that the O.M. being relied upon by the petitioner is not applicable and the respondent was competent to make the application for withdrawal of request for premature retirement.

5. We have heard the learned counsel for the parties. It is an admitted position that the petitioner organization has been established under House Building Finance Corporation Act, 1952 and it has got its own rules and regulations governing the service of its employees, however, it has authority to adopt any office memorandum or rules and regulations from titter to time, In this behalf on 20th July, 1999, a Circular under O.M. No.OB.2/12/63 (Imp) (1) dated 14th December, 1967 was issued, which read as under:‑‑ "All employees who have completed 23 years' or more qualified service in HBFC are provided with the opportunity to exercise their options of premature retirement in terms of section Servants Act, 1973 read with Finance Division, No.OB.2/12/63 Imp. (1) dated 18‑8‑1966 as amended Government of Pakistan, Ministry of Finance O.M. (Imp)(1) dated 14‑12‑1967. They may inform to the undersigned of the option not later than 31‑7‑1999. The Management however, reserves the right to accept or refuse any such option without assigning any, reason. The receipt of this Circular may please be acknowledged immediately. (Sd.) (Mian Abdul Qadeer), General Manager (P&S.)"

6. A perusal of the Circular quoted hereinabove indicates that once an intimation has been submitted by an employee for his premature retirement then he is not allowed either to modify the same or withdraw it. But in the instant case, we have noted that when application of respondent dated 10th September, 1999 was accepted by the petitioner‑department on 13th October, 1999 w.e.f. 16th October 1999, whereas another application was filed by the respondent on 12th October, 1999 for the withdrawal of the request for premature retirement. In view of such situation, arguments raised by learned counsel for the respondent are that in view of the judgments reported in PLD 1973 Quetta 4 and AIR 1956 Allahabad 153, respondent had a right to make a request for withdrawal of request for premature retirement.

7. In view of the arguments so advanced by the parties' counsel, following points emerge for consideration:‑‑ (i) As to whether, the employees of the petitioner's organization are not entitled to get benefit from the instructions issued by the Government of Pakistan from time to time particularly in respect or the matters relating to retirement from service and such instructions on the basis of which an application/request for premature retirement can be withdrawn? (ii) As to whether respondent submitted application to withdraw his request for premature retirement before passing of final order dated 13th October, 1999, if so, to what effect? (iii) As to whether respondent in view of O.M. No.OB.2/12/63 (Imp) (1) dated 18th‑August, 1966 as amended by Ministry of Finance, Government of Pakistan vide O.M. No.OB.2/12/63 (Imp) (1) dated 14th December, 1967 can withdraw his request of premature retirement because according to this O.M. once, such request is made that neither can be modified nor can be withdrawn. Thus, inter alia to examine above points, leave to appeal is granted. S.A.K./H‑52/S Leave granted.