' ZAHEER-UD-DIN KAKAR (CHAIRMAN).--- Through the instant appeal filed under section 4 of the Balochistan Service Tribunals Act, 1974 the appellant has made the following prayer:-- "It is, therefore, prayed in view of above submission the appeal of the appellant need consideration from this Hon'ble Court in shape of its acceptance and directions made to the respondents to allow the appellant to continue his duties, and order upon application for LPR dated 5-4-2013, may kindly be treated as null and void while the order dated 9th February, 2014 may kindly be set-aside, or any other order which this Hon'ble Court deems fit and proper may also be passed, in the interest of justice, equity and fairplay."
2. Precisely stating the facts of the case are that the appellant was appointed as Constable in Balochistan Police on 26-9-1982 and in the year 2013, he approached the respondent No,1 and moved an application for 365 days leave preparatory to retirement, which was allowed vide letter dated 5-4-2013 on average pay w,e,f, 1-8-2013. It is the case of appellant that after order dated 5- 4-2013, he moved an application for withdrawal of his LPR request, but the respondent No,2 did not entertain the same.
3. The respondents contested the appeal on legal and factual grounds by filing their separate Para-wise comments.
4. Admittedly, the appellant was serving as constable in District Police, Quetta and in the year 2013, he submitted an application to the Inspector-General of Police for premature retirement/LPR on completion of 25 years of qualifying service, which was allowed on 5-4-2013. However, later on, he submitted an application for withdrawal of his demand for pre-mature retirement, which was not entertained by the respondent No,1.
5. We have heard the arguments for learned counsel for the parties and have perused the available record. As mentioned earlier, the appellant was serving as Constable Police and he submitted an application for premature retirement which was accepted. However, later on he submitted an application for withdrawal of demand for L.P.R. The record shows that the order of retirement was never set-aside or recalled by the competent authority i,e, Inspector General of Police.
6. The learned Additional Advocate-General submits that the appellant had proceeded on leave after acceptance of his application for pre-mature retirement and thereafter, he submitted an application after 4 or 5 months. As such it is clear that the retirement order passed at the request of appellant had attained finality and became a past and closed transaction and there was no justification for withdrawal of order of LPR. According to the Additional Advocate-General that LPR period has been completed on 1-8-2014 and the appellant is no more in service and at this belated stage the appeal is not maintainable.
7. As mentioned above, the appellant has submitted an application to the Inspector-General of Police (respondent No,1) for pre-mature retirement/LPR on completion of 25 years of qualifying service, which was allowed on 4-2-2014. However, thereafter, he submitted application for withdrawal of his demand of pre-mature retirement. On 4-2-2014, the SSP(Admn) informed the appellant that his request for cancellation of LPR was not entertainable according to Rules. It is pertinent to mention here that according to Rule 3.5(ii) of Balochistan Civil Pension Rules, 1989 once an intimation, submitted shall be final and shall not be allowed to be modified or withdrawn. The relevant Para of the said rule is reproduced herein-below:--- "Government servant who intends to retire after completing 25 years qualifying service and before attaining the age of superannuation shall at least three months before the date on which he intends to retire, submit a written intimation to the authority which appointed him, indicating the date on which he intends to retire. Such an intimation, once submitted, shall be final and shall not be allowed to be modified or withdrawn."
' A plain reading of the above Rule abundantly makes it clear that once request submitted for premature retirement after completing 25 years qualifying service shall be final and shall not be 'allowed to be modified or withdrawn. In this respect we rely on 2005 SCM R 1928 and 2008 SCM R 1078.
' In case of Muhammad Naseer v. Deputy Inspector-General of Police Multan Range Multan and another 2005 SCM R 1928 the Hon'ble apex Court, has observed that:--- ----Leave preparatory to retirement (L.P.R.)---Granting of L.P.R. At civil servants request--- withdrawal or modification of such request---scope-such request could be re-called by civil servant prior to its acceptance---such request: after its acceptance would attain finality and become- a past and close transaction.
' In another case Muhammad Nisar Gul Khan v. District Coordination Officer and others 2008 SCM R 1078 the Hon'ble apex Court has observed that:--- "---S. 13---Constitution of Pakistan (1973), Art.185--- Premature retirement---Application for premature retirement/L.P.R. Submitted by the appellant was accepted, however, later on appellant filed application for withdrawal of demand for L.P.R., but order of retirement was not set-aside by competent Authority---Validity---Retirement order passed at the request of appellant had attained finality and became a past and closed transaction and no justification was available for withdrawal of order of L.P.R.---Impugned order was just and proper and was well-reasoned---No illegality or infirmity was pointed out in impugned judgment so as to warrant interference by the Supreme Court---"
8. In view of the above discussion we see no force in the appeal and the same is dismissed. With no order as to costs. Copy of this Judgment be sent to official respondents for information. File after completion be consigned to record.