' FAZAL-E-MIRAN CHAUHAN, J.--- Briefly the facts of the case as gleaned from the petition are that; the petitioner joined Pakistan Army as Sepoy on 25-2-1994 and on the basis of good performance in his duties, he was elevated to the post of Lance Naik allotting No,3341278 of 18th Battalion Frontier Force Regiment. In the year, 2004, according to the policy of Pakistan Army, the petitioner was transferred to pension establishment w,e,f, 5-8-2004 and was discharged from service with grant of pensionary benefits, which fact stands established from the perusal of Provincial Discharge Certificate as well as Discharge Certificate issued by the F.F. Centre (R.W.) Abbottabad; the petitioner was directed to approach the office of Soldier Boards, Gujrat to obtain his said certificate; thereafter, certificate of service/pension book was also issued in his favour.
2. On 23-1-2006, through an advertisement got published by the District Police Officer, Gujrat for the post of constables, the petitioner being eligible for the post, applied for the recruitment of constable vide Form No,339.
' According to the schedule for recruitment of constables, last date for submission of applications was fixed as 6-2-2006, 'whereas, the dates scrutinizing the documents were fixed w,e,f, 7-2-2006 to 10-2-2006 and the date for measurement of height and the chest etc. Was scheduled on 16-2- 2006 and 17-2-2006 and thereafter taking interview on 18-2-2006 and 19-2-2006, final list was to be notified on the notice board for 20-2-2006.
3. It came to the knowledge of the petitioner that; neither his application was accepted for the post of constable nor the same was rejected, whereas, respondents Nos.3 and 4, subordinate officials of respondent No,1, on the fake plea that the certificate of service of the petitioner was not genuine but assured the petitioner to produce him before respondents Nos.1 and 2; the petitioner appears before the District Police Officer and made a request that his certificate of service may be got verified from the Soldier Board, Gujrat as well as from the Regiment from where he was granted pension in reserve police of Pakistan Army. Upon this respondent No,1 assured the petitioner that the said schedule of recruitment of constables was going to be cancelled and fresh schedule would be got published in which the application of the petitioner would be entertained. But surprisingly said list of recruitment of constables was got published on 25-4-2006 and the petitioner approached respondent No,1, but of no vail.
4. It may be mentioned here that the petitioner fulfilled all requirements of recruitment as constables but the subordinate officials of respondent No,1 caused deterrence in the way of smooth selection of the petitioner who has been deprived of his constitutional right.
5. Conversely, learned Assistant Advocate-General argues that ; application of the petitioner was considered and rejected in the light of the terms and conditions laid down in circular letter No,SE- III-846-90/II, dated 20-1-2006, issued by the Inspector-General of Police Punjab. The operative part of the terms given in the report and parawise comments is as under:--
(i) The age of Ex-Army personnel shall not be more than 25 -years after deducting the total period of service rendered in the armed forces.
(ii) However, they should have not retired from Armed Forces for a period more than two years from the last date of receipt of application.
(iii) The present age of ex-service employee should not be more than 40 years in all.
' Further argues that the petitioner is not a regular retired Army personnel. He was discharged from the Pakistan Army on his personal request and was kept on reserved list. Thus, his application was rightly not considered by the respondents.
6. I have heard learned counsel for the parties and perused the record. The petitioner joined the Pakistan Army on 25-2-1994 and promoted to the post of Lance Naik. His rank number was 3341278- LNK. After serving for ten years and five months, the petitioner elected to retire from Pakistan Army and transferred to pension establishment w,e,f, 5-8-2004 and was discharged from service with grant of pensionary benefits. Attested discharge certificate is attached as Annexure "D" page No,15 of the writ petition. He was enrolled as Reservist and certificate was issued on 12-7- 2005.
7. As per para. No,13 of the certificate of service, he was declared to be fit for civil employment. His application for recruitment as constable was not considered by the respondents simply on the ground that he is not a retired Ex-Army Officer, rather he was discharged from the services on his request- and was kept on reserved list. The question, which requires due consideration and determination by the Court as to whether any Army personnel, who elected to get discharged from B services before his retirement would be considered to be a retired person for the purpose of getting re-employment in civil services.
8. The word "Retire" as defined in Law Lexicon, the Encyclopedia Law Dictionary, "the one who has retired from his office".
' The word "Retirement" as per Black's Law Dictionary, 6th Edition, means "Termination of employment, services or occupation on reaching retirement age, or earlier at election of employee."
' The word "Election" as defined in Black's Law Dictionary 6th Edition means "the choice of an alternative".
' Application of the petitioner was not considered by the respondents, simply on the ground that he was not a "retired" Army officer, a prerequisite as per the advertisement.
9. Keeping in view the meaning given by the Black's Law Dictionary, as above "election" of an individual to retire before reaching his retirement age amounts to retirement. Thus, it is held that the petitioner would be deemed to be retired as Army personnel, eligible to apply for the post of constable as advertised by the respondents.
10. In this view of the matter, writ petition is accepted and the respondents are directed to entertain the application of the petitioner, consider the same and pass an appropriate order as per law and rules.