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Petitioner: Malik HAMID ALI VS Respondent: DIRECTOR, TECHNICAL EDUCATION, PUNJAB
1980 P L C (C
1980 P L C (C. S.) 574
[Service Tribunal Punjab]
Present M. Saleem Chaudhry, Chairman and 2 Members
Malik HAMID ALI
Versus
DIRECTOR, TECHNICAL EDUCATION, PUNJAB AND ANOTHER
Appeal No. 251 of 1980, decided on 22nd June, 1980.
Civil service‑
‑ Leave preparatory to retirement‑‑Request for‑‑Becomes final only when effective order passed thereon‑‑Application to withdraw request for L. P. R. made to competent authority prior to order granting L. P. R.‑Request for L. P. R. and order passed thereon, in circum stances, held, not effective.
Azmat Kamal for Appellant.
Ghulam Hassan Jaffery, Departmental Representative for Respondents.
ORDER
M. SALEEM CHAUDHRY (CHAIRMAN).‑Mr. Jaffery has brought the record. At page 129 of the record the application of the appellant dated 14‑2‑80 requesting for permission to withdraw his request for permission to proceed on leave preparatory to retirement was received by the Director, Technical Education, Lahore on 21‑2‑80. Admittedly the Director, Technical Education, Lahore is the competent authority in this case. The Department insists that since the application was received in the office of the Principal, Government College of Technology, Lahore on 1‑3‑80 and orders of retirement have already been passed on 27‑2‑80, therefore, the appellant was not entitled to withdraw the same. We regret our inability to accept the contention of the Department. According to the Supreme Court Judgment In re : The Government of Punjab v. Shamoun Bahadur the request for L. P. R. becomes final only when the effective orders have been passed in that regard. Since in this case the effective orders were passed on 27‑2‑1980 and the request for with drawal was made on 15‑2‑1980, therefore the plea of the Department could not be sustained. We accordingly accept this appeal with no orders as to the cost.
Appeal dismissed.