2011 PLP (C (PLC(CS))

SH. AHMAD FAROOQ, J.

Through the instant petition, under Article 199 of the Constitution of Islamic Republic of Pakistan, 1973, the petitioner has prayed for passing a direction to respondent No.1 to permit him to continue his service as "Tubewell Operator".

2. It is, inter alia, contended by the learned counsel for the petitioner that the petitioner was working as Tubewell Operator at Jaliana Section, Sline Zone No.III, Sub-Division, Shahpur District Sargodha and the office-bearers of the union of the Irrigation Department fraudulently got his signatures as well as the signatures of many other Tubewell Operators on the Retirement Pension Forms. Learned counsel for the petitioner further submits that some of the colleagues of the petitioner, who had opted to retire after completion of 25 years qualifying service along with the petitioner, have been allowed to continue their service, but the said relief has not been granted to the petitioner, which amounts to discrimination and violative of Article 25 of the Constitution of Islamic Republic of Pakistan, 1973.

3. Respondent No.2 submitted his report and parawise comments, wherein, it is mentioned that the present petitioner has given his option for retirement, after completion of 25 years qualifying service, whereupon, his retirement order was issued on 19-6-2009. Thereafter, not only the present petitioner submitted his pension papers but also receiving the pension since 1-8-2009. Respondent No.2 further submitted that the claim of the present petitioner cannot be entertained at this stage according to Rule 3.5 of the Punjab Civil Service Pension Rules, 1963.

4. Arguments heard. Record perused.

5. From the report of respondent No.2, it is established that the petitioner has been retired from Government Service at his own request for retirement, after, completion of 25 years qualifying service, which is evident from his application, attached with the reply as Annexure "B". Thereafter, vide letter dated 19-6-2009, the petitioner was retired from the Government service w.e.f. 31-7-2009 on his own written option for retirement, after completion of 25 years qualifying service for pension purpose. The petitioner is also receiving the pension since 1-8-2009. According to Rule 3.5 of the Punjab Civil Service Pension Rules, 1963, an option to retire after 25 years qualifying service, once submitted, shall be final provided that the same is withdrawn before its acceptance by the competent authority.

6. In this case not only the petitioner opted to retire on completion of 25 years service but has also started receiving his pension. Hence, neither there is any illegality in the retirement letter, dated 19.6-2009, nor any discriminatory treatment has been meted out to the present petitioner. Therefore, the instant petition is devoid of any legal force and the same is accordingly dismissed. H.B.T./S 253/L Petition dismissed.