Al Wakeelo
Your Digital Lawyer, Always on Duty
Initializing Secure Chambers
Your Digital Lawyer, Always on Duty
Initializing Secure Chambers
Petitioner: PROVINCE OF PUNJAB through Divisional Forest Officer, Gujrat and others VS Respondent: RAFI ULLAH QURESHI
Court Name: Supreme Court of Pakistan Judge(s): Ali Hussain Qazilbash, Saad Saood Jan Title:PROVINCE OF PUNJAB through Divisional Forest Officer, Gujrat and others vs
RAFI ULLAH QURESHI Case No.: Civil Petition No,250 of 1984 Date of Judgment:1988-08-15 Reported As: 1989 SCMR 948 Result: Leave granted Judgment ORDER ' SAAD SAOOD JAN, J.--The respondent was a forest guard. He joined service in 1949. 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 and permitted to retire on the expiry thereof. A 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 Service 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 The learned Tribunal accepted the appeal holding that a request for retirement could be withdrawn before it actually took place. 2.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 (PLD 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.