1989 PLP 948 (SCMR)
PROVINCE OF PUNJAB through Divisional Forest Officer, Gujrat and others — Petitioners Versus RAFIULLAH QURESHI — Respondent
| Citation | 1989 PLP 948 (SCMR) |
| Forum / Court | High Court |
| Bench Members | Saad Saood Jan and Ali Hussain Qazilbash, JJ |
| Parties | PROVINCE OF PUNJAB through Divisional Forest Officer, Gujrat and others — Petitioners Versus RAFIULLAH QURESHI — Respondent |
| Primary Law | Constitution of Pakistan (1973) |
Q1: What are the key laws and sections cited in 1989 PLP 948 (SCMR)?
This judgment primarily cites: Constitution of Pakistan (1973) as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1989 PLP 948 (SCMR)?
The case was heard and decided by the High Court bench comprising: Saad Saood Jan and Ali Hussain Qazilbash, JJ.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1989 PLP 948 (SCMR) (PROVINCE OF PUNJAB through Divisional Forest Officer, Gujrat and others — Petitioners Versus RAFIULLAH QURESHI — Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Sh. Abdul Maajid, Advocate Supreme Court and S. Abid Nawaz, Advocate-.3n-Record (absent) for Petitioner.
- Hasan Ahmed Khan, Advocate Supreme Court and Sh. Salahuddin, Advocate-on-Record for Respondent.
- Date of hearing: 15th August, 1988.
- Sh. Abdul Maajid, Advocate Supreme Court and S. Abid Nawaz, Advocate‑.3n‑Record (absent) for Petitioner.
- Hasan Ahmed Khan, Advocate Supreme Court and Sh. Salahuddin, Advocate‑on‑Record for Respondent.
Headnotes / Summary
(From the judgment dated 11-1-1984 of Punjab Service Tribunal in Appeal No.320/243 of 1983).
Art.212(3)--Punjab Service Tribunals Act (IX of 1974), S.4--Civil servant was granted leave preparatory to retirement on his own request and allowed to retire thereafter--A week before his leave was due to expire such civil servant made, an application for withdrawal of order of his retirement--Civil servant's application was in first instance allowed but subsequently order allowing application was withdrawn--Service Tribunal on appeal found that a request for retirement could be withdrawn before it actually took place--Leave to appeal was granted to consider that once an option to retire had been exercised it was not open to civil servant to withdraw it. Secretary Government of Punjab v. Shamoon Bahadar P L D 1979 S C 835 ref.
Judgment & Decree
SAAD SAOOD JAN, J.‑‑The respondent was a forest guard. He joined service in 19.19. On 16‑3‑1982 when he had served for about 32 years he applied for leave preparatory to retirement on the ground of ill‑health and domestic problems. His prayer was granted and he was allowed leave for one year permitted to retire on the expiry thereof week before his leave was due to expire he made an application for the withdrawal of the order of retirement. The Conservator of Forests allowed his application and permitted him to join service. About a fortnight later the Conservator withdrew his earlier order on the ground that he was not competent to make it. The respondent filed an appeal before the Tribunal. The learned Tribunal accepted the appeal holding that a request for retirement could be withdrawn before it actually took place.
2. The Government has challenged the legality of the view taken by the Service Tribunal. On its behalf it is stated that once an option to retire has been made, it is not open to the Government servant to withdraw it. In support of this contention reliance has been placed upon a judgment of this Court reported as secretary, Government of Punjab v. Shamoon Bahadar (P L D 1979 SC 835). 3, The contention raised on behalf of the Government requires examination. Leave to appeal is granted. The appeal may be made ready for hearing on the present record with permission to the parties to file additional documents, if any. M.Y.H./P‑84/5 Leave granted.