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Petitioner: NATIONAL BANK OF PAKISTAN VS Respondent: RANA MUHAMMAD KHALIL
1999 P L C (C
1999 P L C (C.S.) 1185
[Supreme Court of Pakistan]
Present: Irshad Hasan Khan and Ch. Muhammad Arif, JJ
NATIONAL BANK OF PAKISTAN and another
versus
Rana MUHAMMAD KHALIL Civil Petition No.982‑L of 1998, decided on 9th July, 1998.
(On appeal from the judgment dated 12‑6‑1998 passed by the Federal Service Tribunal, Lahore in Appeal No. 1037(L) of 1998).
Service Tribunals Act (LXX of 1973)‑‑‑
‑‑‑‑S. 4‑‑‑Constitution of Pakistan (1973), Art. 21213)‑‑‑Optional retirement‑‑‑Withdrawal‑‑‑Request of civil servant for optional retirement was allowed by employer and civil servant was released from service after giving him pension and other financial benefits to which he was entitled under the Rules‑‑‑‑Civil servant later moved representation on humanitarian basis for withdrawal of optional retirement with a view to avail benefit of "Golden Handshake Scheme", but such request was declined‑‑‑Service Tribunal accepted appeal of civil servant against order of employer and directed reinstatement of civil servant‑‑‑Leave to appeal was granted by Supreme Court to consider whether Service Tribunal was justified, in facts and circumstances of the case. in directing reinstatement of civil servant who voluntarily applied for optional retirement and after acceptance of his application, had received all financial and pensionary benefits.
Mahmudul Islam, Advocate‑on‑Record for Petitioners.
Hafiz Tariq Nasim, Advocate Supreme Court with Tanvir Ahmed, Advocate‑on‑Record for Respondent.
Date of hearing: 9th July, 1998. .
ORDER
IRSHAD HASAN KHAN, J.‑‑‑Leave to appeal is sought against the judgment, dated 12‑6‑1998 passed by the Federal Service Tribunal. Lahore hereinafter referred to as the Tribunal, in Appeal No. 1037(L) of 1998.
2. Relevant facts are that the respondent, an employee of the petitioner Bank, submitted an application to the Regional Audit Chief of the Bank on 9‑10‑1996 praying therein for optional retirement on medical grounds with effect from 10‑7‑1997. Vide Staff Order dated 10‑7‑1997, the respondent's request for optional retirement was allowed and he was relieved from Bank Service on 6‑8‑1997. The respondent applied for pension and other financial benefits to which he was entitled under the Bank's Rules. The same were also received by him on 29‑10‑1997 and 1‑11‑1997. It is alleged: that presently he continues to receive the pension as well as Financial Assistance from Benevolent Funds. as aforesaid, each month. On 15‑10‑1997 the petitioner moved another representation on humanitarian basis for withdrawal of optional retirement with a view to avail the benefits of "Golden Handshake Scheme" introduced by the Government of Pakistan. The request was declined by the petitioner. Eventually, the respondent moved the Tribunal which accepted his appeal by directing his reinstatement in service.
3. We have heard the learned counsel for the petitioner and the respondent/caveator.
4. Leave is granted to consider whether the Tribunal was justified in the facts and circumstances of the case, in directing reinstatement of the respondent who voluntarily applied for optional retirement and after acceptance of the said application received all financial and pensionary benefits, which he is still continuing to enjoy.
5. Operation of the impugned judgment is suspended till the disposal of the appeal.
H.B.T./N‑36/S???????????????????????????????????????????????????????????????????????? Leave to appeal granted.