1989 PLP 1255(2) (SCMR)
AYUB HASSAN ‑‑Petitioner Versus GOVERNMENT OF THE PUNJAB and others‑‑Respondents
| Citation | 1989 PLP 1255(2) (SCMR) |
| Forum / Court | High Court |
| Bench Members | Ghulam Mujaddid and Saad Saood Jan, JJ |
| Parties | AYUB HASSAN ‑‑Petitioner Versus GOVERNMENT OF THE PUNJAB and others‑‑Respondents |
| Primary Law | Constitution of Pakistan (1973)‑‑ |
Q1: What are the key laws and sections cited in 1989 PLP 1255(2) (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 1255(2) (SCMR)?
The case was heard and decided by the High Court bench comprising: Ghulam Mujaddid and Saad Saood Jan, JJ.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1989 PLP 1255(2) (SCMR) (AYUB HASSAN ‑‑Petitioner Versus GOVERNMENT OF THE PUNJAB and others‑‑Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Shamsi, Advocate Supreme Court and Ejaz Ahmad Khan, Advocate‑on -Record for Petitioner.
- Abdul Majid Khan, Advocate Supreme Court and Rao Muhammad Yousaf Khan, Advocate‑on‑Record for Respondents.
- Date of hearing: 19th February, 1989.
Headnotes / Summary
(From the judgment dated 19‑4‑1983 of the Punjab Service Tribunal in Appeal No.175/1619 of 1982). ‑‑‑Art.212(3)‑‑Order of retirement of civil servant on completion of 25 years of service qualifying for pension and other retirement benefits‑‑Leave to appeal was granted to examine contention of the petitioner that at the time when the order of retirement was made, he had put in only 15 years of service under the Provincial Government as before joining service under the Provincial Government, he was an employee of the Central Government and while computing the period of qualifying service, the Provincial Government had taken into account his service under the Central Government as well which was not permissible under the Rules. Secretary to Government of Punjab v. Noor Muhammad Khan P L D 1984 S C 80 ref.
Judgment & Decree
SAAD SAOOD JAN, J.‑‑The petitioner was serving as Additional District and Sessions Judge when by an order dated 10‑12‑79 he was retired from service on completion of 25 years of service qualifying for pension and other retirement benefits. He filed a review petition against this order but it was dismissed on 4‑4‑
81. He then filed an appeal before the Punjab Service Tribunal but it too was dismissed. He now seeks leave to appeal from this Court.
2. The case of the petitioner is that at the time when the order of retirement was made, he had put in only 15 years of service under the Provincial Government. Before joining service under the Provincial Government, he was an employee of the Central Government. While computing the period of qualifying service, the Provincial Government has taken into account his service under the Central Government as well which was not permissible under the rules. In support of this contention, he relies upon the judgment of this Court reported as Secretary to Government of Punjab v. Noor Muhammad Khan (P L D 1984 S C 80).
3. The contention raised in support of this petition needs examination. Leave to appeal is granted. Security for costs in the sum of Rs.2,
000. The appeal may be made ready for hearing on the present record with permission to the parties to file additional documents, if any. M.B.A./A‑500/S Leave granted.