(8)
' NASRULLAH KHAN ACHAKZAI, CHAIRMAN --The appellant has filed the present appeal, against the impugned order dated 13-03-2012, whereby on completion of 25 years qualifying service for pension. 365 days Leave Preparatory to Retirement was sanctioned in his favour w,e,f, 01-04-2012, with a prayer to set aside the same and he be allowed to continue his service till superannuation.
2. Facts giving rise to this appeal are that appellant joined Balochistan Police on 25-03-1976, as Constable and with passage of time he was lastly promoted to the rank of Inspector on 13-01-2010.
He remained as Inspector in Loralai and Quetta in Investigative Wing. While posting in Quetta he had suffered from extreme Depression on account of departmental and domestic problems. He had filed an application on 25-02-2012, for LPR. The Inspector General of Police Balochistan accepted the application of LPR on 13-03-2012. Soon after that he had submitted an application on 20-03-2012, just after seven (7) days of the application of LPR and requested therein that his sanctioned LPR should be cancelled and he be allowed to perform his. Duty. The application for cancellation of LPR is still pending, whereas the appellant has to retire on 01-04-2013. Thus the appellant approached this Tribunal on 07-01-2013.
3. On notice, respondent has filed his reply wherein he stated that the appellant submitted LPR application to the concerned authority on 25-02-2012, with a request that he is unable to continue his service in Police Department and he be allowed to avail leave preparatory to retirement for one year w,e,f, 01-04-2012. The application submitted by appellant for cancellation of his. LPR has been dismissed by the competent authority, in the light of Rule 3.5(ii), Balochistan Civil Service Pension Rules, 1989.
4. We have heard learned counsel for appellant and learned Assistant Advocate General for respondent and perused the record with their assistance. It is an admitted position that appellant had applied for LPR on 28-02-2012. His application for LPR had been accepted on 13-03-2012, wherein 365 days Leave Preparatory to retirement had been sanctioned in favour of appellant w,e,f, 01-04-2012 at his own request. On 21-03-2012, the appellant had submitted an application for cancellation of LPR order dated 13-03-2012. The application dated 21-03-2012 for cancellation of LPR had been filed by appellant before the date of his retirement i,e, 31-03-2013. As such, at that time he was well within his right to withdraw his application for pre-mature retirement before the date of its effectiveness as at the relevant time he was civil servant for taking this view we are fortified by 2003 PLC(CS) Page 109 titled Raja Muhammad lnayat Khan v. The Chief Secretary and others. The second aspect of the matter that the competent authority in similar case accepted the cancellation application of LPR of SI Muhammad Yaseen on his own request and after eleven (11) months has accepted his application for cancellation of LPR on 01-082010 but the appellant applied just after seven (7) days of acceptance of his application of LPR and the competent authority has not considered it for no reasons. According to our considered view the case of appellant is more proper then the case of SI Muhammad Yaseen. The competent authority has committed discrimination, which is not allowed by Constitution, Law and Good Conscience in any circumstances.
5. Thus while keeping in view the above- mentioned and reasons we allow this appeal set aside the impugned order dated 13-03-2012 and also allow the appellant to continue his service till his superannuation. However, the period of LPR availed by appellant is treated as Earned Leave. With no order as to costs. File after completion be consigned to record.