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1988 SCMR 1678

BASHIR MUHAMMAD VS COMMISSIONER, LAHORE DIVISION

Petitioner: BASHIR MUHAMMAD VS Respondent: COMMISSIONER, LAHORE DIVISION

Court: Supreme Court of Pakistan

Full Judgment Text & Judicial Ruling

1988 S C M R 1678(2)

1988 S C M R 1678(2)

Present: Ghulam Mujaddid Mirza and Saad Saood Jan, JJ

BASHIR MUHAMMAD‑‑Petitioner

versus

COMMISSIONER, LAHORE DIVISION and others‑‑Respondents

Civil Petition No.793 of 1981, decided on 3rd July, 1988.

(From the order dated 10‑5‑1981 of the Lahore High Court in I.‑C.A. 527 of 1981).

Punjab Civil Servants Act (VIII of 1974)‑‑

‑‑‑S.12(2)‑‑Constitution of Pakistan (1973), Art. 185(3)‑‑Retirement‑ Petitioner having completed 25 years of service qualifying for pension and other retirement benefits, was directed to retire from service‑‑Order impugned‑‑Competent authority was empowered under Service Rules applicable to petitioner, to direct such retirement and there being nothing to show that authority concerned had wrongly exercised this power, petition dismissed.

Malik Saeed Hassan, Advocate Supreme Court and Sh. Abdul Karim, Advocate‑ on‑Record (since dead) for Petitioner.

Nemo for Respondents.

Date of hearing: 3rd July, 1988.

ORDER

SAAD SAOOD JAN, J.‑‑The petitioner was a Sub‑Engineer in the Municipal Committee, Narowal. By an order dated 16‑1‑1980, he was retired from service after he had completed 25 years of service qualifying for pension and other retirement benefits. He challenged the order of retirement in writ jurisdiction in the High Court but without any success. He now seeks leave to appeal from this Court.

2. It is not disputed that under the service rule applicable to petitioner the competent authority was empowered to direct the retirement of the petitioner after he had completed twenty‑five years of service qualifying him for pension and other retirement benefits. Learned counsel for the petitioner has not been able to show that the authority concerned has wrongly exercised this power petition is dismissed.

M.I./B‑65/S Petition dismissed.

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