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Petitioner: AYUB HASSAN VS Respondent: GOVERNMENT OF THE PUNJAB and others
Court Name: Supreme Court of Pakistan Judge(s): Ghulam Mujaddid Mirza, Saad Saood Jan Title: AYUB HASSAN vs GOVERNMENT OF THE PUNJAB and others Case No.: Civil Petition No,812 of 1983 Date of Judgment:1989-02-19 Reported As: 1989 SCMR 1255(2) Result: Leave granted
Judgment ORDER ' SAAD SAOOD JAN, J.--The petitioner was serving as Additional District and Sessions Judge when by an order dated 10-12-79 he was retired from service on completion of 25 years of service qualifying for pension and other retirement benefits. He filed a review petition against this order but it was dismissed on 4-4-81. He then filed an appeal before the Punjab Service Tribunal but it too was dismissed. He now seeks leave to appeal from this Court. 2. The case of the petitioner is that at the time when the order of retirement was made, he had put in only 15 years of service under the Provincial Government. Before joining service under the Provincial Government, he was an employee of the Central Government. While computing the period of qualifying service, the Provincial Government has taken into account his service under the Central Government as well which was not permissible under the rules. In support of this contention, he relies upon the judgment of this Court reported as Secretary to Government of Punjab v. Noor Muhammad Khan (PLD 1984 SC 80). 3. The contention raised in support of this petition needs examination. Leave to appeal is granted. Security for costs in the sum of Rs,2,000. The appeal may be made ready for hearing on the present record with permission to the parties to file additional documents, if any. .
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