' TALLAT MAHMOOD TARIQ (MEMBER-II).--- Brief facts of the case are that the appellant while working as Constable in the Police Department applied for LPR vide application dated 3-1 2009.
Vide order dated 21-10-2009, the D.P.O. Mandi Baha-ud-Din accepted the application of the appellant and granted him 355 days LPR w.e.f, 23-10-2009. On expiry of LPR the appellant was to retire on 22-10-2010. However, the appellant later changed his mind due to his domestic circumstances and submitted an application dated 18-12-2009 requesting therein for cancellation of unavailed portion of LPR and for his reinstatement into service. After waiting for the statutory period he preferred the present appeal.
2. Learned counsel for the appellant has argued that a civil servant on LPR remains a civil servant till the LPR is complete and a formal notification of retirement is issued. She has further contended that the appellant moved an application to the concerned competent authority for withdrawing his LPR i.e, before issuance of the final notification of retirement. Further she has prayed that the appeal of the appellant may kindly be accepted and the appellant may be reinstated by cancelling the unavailed portion of LPR.
3. On the other hand, the appeal has been resisted by the respondents through learned Deputy District Attorney relying upon the reply/pal awise comments submitted by them.
4. I have heard the arguments from both the parties and perused the relevant record.
5. The law point is settled to the extent that LPR is an indispensable part of service and a person while on LPR will be treated in\ service for all intents and purposes and that before expiry of \LPR, a civil servant can withdraw his request for retirement. It is also an established principle of law that a civil servant shall be deemed to be in service from the date on which he requests for withdrawal of his LPR, and not from the date his request, was accepted. The appellant was granted LPR w.e.f, 23- 10-2009 and he was to stand retired on 22-10-2010. However, before that date the appellant submitted an application dated 1-8-12-2009 for cancellation of unavailed portion of LPR and for his reinstatement in service. In the given circumstances, the appeal of the appellant is accepted.
Unavailed portion of LPR shall be cancelled and the appellant is reinstated in service w.e.f, 18-12- 2009. The intervening period will be treated as leave of the kind due. The appellant shall be bound to restore back leave encashment if any. There shall be no order as to costs.