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1992 PLC(CS) 1117

AYUB HASSAN VS GOVERNMENT OF THE PUNJAB

Petitioner: AYUB HASSAN VS Respondent: GOVERNMENT OF THE PUNJABHonorable Justice ABDUL SHAKURUL SALAM

Court: Supreme Court of Pakistan

Full Judgment Text & Judicial Ruling

1992 P L C (C

1992 P L C (C.S.) 1117

[Supreme Court of Pakistan]

Present: Abdul Shakural Salam, Rustam S. Sidhwa and Muhammad Afzal Lone, JJ

AYUB HASSAN

versus

GOVERNMENT OF THE PUNJAB

Civil Appeal No.99 of 1989, decided on 30th July, 1991.

(On appeal from the judgment, dated 19-4-1983 of the Punjab Service Tribunal, in Appeal No.175/1619 of 1982).

(a) Civil service---

----Retirement---Civil servant's retirement on the ground of his having completed twenty-five years of service qualifying for pension and other retirement benefits---Validity---Had civil servant not been retired he would have retired on superannuation---Civil servant's service under the Central Government could not be tagged with his service under the Provincial Government---Order of civil servant's retirement by including in his service, the period of his service under the Central Government being not warranted by law, order of his retirement was set aside.

(b) Civil service--

----Retirement---Civil servant's retirement after completion of twenty-five years of service qualifying for pension and other retirement benefits-- Provincial Government while passing impugned order of civil servant's retirement had included in his service record the period of his service under the Central Government---Service under the Central Government could not be tagged with service under the Provincial Government---Civil servant's order of retirement being not valid was set aside.

Mr. Shamsi, Advocate Supreme Court and Ejaz Ahmad Khan, Advocate-on-Record for Appellant.

Abdul Maajid Sheikh, Advocate Supreme Court and Rao Muhammad Yousaf Khan, Advocate-on-Record (absent) for Respondents.

Date of hearing: 30th July, 1991.

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