' SHAMEEM HUSSAIN KADRI , ACTG. C. J.-This Intra-Court Appeal is direced against the judgment of the learned Single Judge dated 20th April, 1980 whereby the writ petition of the appellant was dismissed.
2. The grievance raised in the appeal is that the appellant being a Grade-16 Officer could not be retired by the Accountant-General as the competent authority his case is the Auditor-General.
Subsection (2) of section 25 of the Civil Servants Act, 1973 provides that any rules made by the competent authority before the promulgation of this Act, if they are not inconsistent with the provisions of the Act, will be deemed to be rules made under this Act. Supplementary Rule 2 (10), Division II-Definitions, Section II, Part I-General printed at page 181 of Compilation of the Fundamental Rules and Supplementary Rules made by the President, Government of Pakistan, Finance Division, Volume I First Edition (Second Re-print) gives the definition of the 'Head of a department' which means any authority which the Governor-General may by order declare to be the 'head of a department' for purposes of these rules. Appendix 14 in Volume II of the Compilation of the above Rules, First Edition (Revised) provides a list of Heads of Departments. Under the heading of Ministry of Finance, Item No, 2 Accountant-General (including Military Accountant- General) has been mentioned as Head of the Department for the purpose of the Supplementary Rules. Learned counsel submitted that appointment of the appellant was made by the Auditor General and as such he was not retired by the competent authority. There is no force in the submission made since the Accountant-General has been declared as the Head of the Department by the Rules referred to above. There is no merit in this appeal which is dismissed with no orders as to costs.