' MOAZZAM HAYAT (MEMBER).--- Intizar Hussain appellant was as Assistant Manager in the House Building Finance Corporation, hereinafter called respondent. On the charge of remaining absent from duty he was compulsorily retired from service vide order dated 19-10-1999. Against the order of his compulsory retirement he filed a departmental appeal on 22-10-1999, followed by two more appeals dated 17-11-1999 and 21-12-1999. Since the departmental appeals were not responded by the respondents, therefore, he filed the present appeal on 19-2-2000. It is prayed by him that order of his compulsory retirement be set aside and he be reinstated into service with back benefits.
2. The appeal is resisted by the respondents. It is stated that the appellant has already received his provident fund and other pensionary benefits on his own request made on 23-11-1999, therefore, he has no locus standi to file the present appeal. On merits it is stated that the appellant was charge sheeted on 19-3-1999 and all the legal formalities were observed after which he was compulsorily retired from service. The learned counsel for the respondents has submitted that the appellant had remained absent from duty on false excuse of being sick as he did not want to join the station to which he had been transferred i.e, Muzaffargarh.
3. We have heard the appellant and the learned counsel for the respondents and have also perused the record.
4. The appellant has told us that he has received more than 10 lacs towards his pensionary benefits. We have informed him that he has to refund the entire benefits taken by him together with interest in case of his reinstatement but he has stated that he has not a single penny to pay to the respondents. He has requested that he be reinstated and the amount received by him towards his pensionary benefits be adjusted from his monthly salary. This request of he appellant cannot be granted. He has to refund the entire amount received by him in lump sum on his reinstatement.
Since he has shown his inability to do so, Therefore, we are constrained to hold that his present appeal is not competent. After having received the entire pensionary benefits and refusal to refund the same he has no locus standi to file the present appeal.
5. The result is that the appeal is dismissed.
6. There shall be no order as to costs. Parties be informed.