' ABDUL HAMID CHAUDHARY (MEMBER). -Karam Din Ex-Baildar, Office of the Agricultural Engineer, Lahore Division, Lahore has made this appeal under section 4 of the Punjab Service Tribunals Act, 1974, wherein he has impleaded the Agricultural Engineer, Lahore Division, Lahore, the Director, Agriculture Engineering Circle, Faisalabad and the Accountant-General, Punjab, Lahore as respondents.
2. By virtue of this appeal the appellant has prayed that the impugned order, dated 7th June, 1984 of respondent No, 2 be set aside declaring it illegal, void, mala fide and of no legal effect with the directions that the appellant be allowed to continue in service till 20th June, 1990, in accordance with the first entry of his date of birth and age made in his service record on the basis of first certificate of appellant's age given by the Medical Superintendent, Services Hospital, in his memo.
No, 4161, dated 20th June, 1974. It has also been prayed by the appellant that in case later prayer is not acceded to for any reasons, the appellant be not in any way, allowed to retire from service earlier to 24th November, 1983 a date from which the appellant was originally required to retire in respondent No, 2's order, dated 9th April, 1983 (Annexure 'H') and the appellant allowed pension and gratuity benefits from the said' date of retirement.
3. Brief facts of the case are that the appellant was appointed as Baildar in the Agricultural Engineering Wing, Punjab Agriculture Department in the year 1963, but was brought on the regular cadre on 1st July, 1972 in N. P. S. 1, in accordance with the policy of the Punjab Government contained in Finance Department letter No, FR(SR-1)-1-39/70 (Vol. III) (A), dated 2nd June, 1972.
After the appellant had been declared as a regular employee with the benefits of pension, the appellant appeared before the Medical Superintendent, Services Hospital, Lahore who declaring the appellant fit for service vide its memo. No, 4161, dated 20th June, 1974 certified that according to the statement of the appellant his age was of 44 years and from his appearance looked to be 52/53 years, The date of birth was recorded in the service book on the basis of this medical certificate. Later on the Assistant Agricultural Engineer (Field Operation), Lahore vide memo. No, 553JEstt., dated 6th June, 1981, complaining about the poor health of the appellant required the Medical Superintendent, Services Hospital, Lahore to certify the appellant's fitness for further service, whereupon the said Medical Superintendent while issuing health/fitness certificate in favour of the appellant vide its memo. No, 5581, dated 5th October, 1981 certified the appellant's age as 62/63 years ; resultantly the appellant was required to proceed on retirement w. e. f. 25th October, 1981 by the respondent. The appellant aggrieved of the above situation requested the respondent No, 1, for reconsideration of his case in view of the variation in his age, declared by the Medical Superintendent in his certificate of 20th June, 1974 and 5th October, 1981. On this the respondent No, 1, vide memo., dated 21st November, 1981 requested the Medical Superintendent, Services Hospital, Lahore for reexamination. The Medical Superintendent, Services Hospital, Lahore reconsidered the case of the appellant and vide Memo , dated 24th November, 1981 (Annexure "E") certified that the appellant was about 51/52 years old. As there was a confusion regarding the age of the appellant vide the abovementioned certificate issued by the Medical Superintendent, Services Hospital, Lahore, the matter was again referred to the Medical Superintendent, Services Hospital, Lahore by the Agricultural Engineer, Lahore Division, Lahore. Vide memo. No, 345, dated 5th January, 1982 (Annexure 'F') the Medical Superintendent, Services Hospital, Lahore. Reconsidered the certificate of age issued by the Hospital on 24th November, 1984 and opined that the age of the appellant was about 58/59 years on 24th November, 1981. The grievance of the appellant is that he be allowed to continue in service till 20th June, 1990 according to the age of 44 years, as stated by the appellant and mentioned by the Medical Superintendent, Services Hospital, Lahore in his memo. No, 4161, dated 20th June, 1974. Alternatively the appellant be allowed to retire from service on 24th November, 1983 the date from which the appellant was originally required to retire in the Agricultural Engineering, Lahore Division, Lahore order dated 9th April, 1983 (Annexure 'H') and the appellant be allowed pension and gratuity benefits at full rate from the said date of retirement.
Hence this appeal.
4. We have heard the parties i.e., Mr. M. Tufail Qureshi, Advocate for the appellant and Mr. A. G.
Humayun, District Attorney assisted by the representative of the Department on behalf of the respondents.
5. It has been argued by the learned counsel for the appellant that the appellant was brought on regular cadre in the year 1972 and the appellant appeared before the Medical Superintendent, Services Hospital, Lahore who declared the appellant fit for service and recorded in the said certificate that the age of the appellant was 44 years on 20th June, 1974. According to this age of 44 years of the appellant on 20th June, 1974 the appellant is entitled to continue in service till 20th June, 1990 in accordance with his date of birth determined at the time of bringing the appellant on regular cadre. Later on the respondent Department unnecessarily got the appellant re-examined medically for determination of his age on three occasions which was not necessary as the age of the appellant had already been determined as 44 years on 20th June, 1974 as mentioned above.
The appellant's counsel has prayed that according to his age of 44 years on 20th June, 1974 the date of superannuation of the appellant works out to be 20th June, 1990. Hence, the impugned orders regarding retirement of the appellant be set aside and he be directed to continue in service till the age of his superannuation i.e., 20th June, 1990. Though, not conceding, the appellant's counsel has also submitted that alternatively the appellant could also be allowed to retire from service, w. e. f. 14th November, 1983 the date from which the appellant was required to retire vide Agricultural Engineering, Lahore order dated 9th April, 1983 (Annexure 'H').
6. On the other hand, the learned District Attorney has rebutted the above arguments and plea of the learned counsel for the appellant. He has submitted that the appellant was brought on a regular cadre in the year 1972, and he was medically examined by the Medical Superintendent, Services Hospital, Lahore to determine his fitness and age. He has produced the original letter No, 4161, dated 20th June, 1974 of Medical Superintendent, Services Hospital, Lahore, wherein it has been certified that according to the statement of the appellant his age was 44 years but by appearance the age was 52/53 years. It has further been submitted by the learned District Attorney that as the appellant himself was complaining about his poor health, the case was referred to the Medical Superintendent, Services Hospital, Lahore to certify the fitness of the appellant for further retention in service in the year 1981 and it was certified by the Medical Superintendent, Services Hospital that the appellant's age was 62/63 years on this date. The appellant was not satisfied with the same and again asked to reconsider his age. Finally the Medical Superintendent, Services Hospital, Lahore determined the age of the appellant vide his letter, dated 5th January, 1982 (Annexure 'F') that the appellant was about 58/59 years on 24th November, 1981. Thus, this is the age which is to be taken finally for determination of the age of the appellant and the appellant has to be verdict of the Medical Superintendent, Services Hospital, Lahore retired on reaching the age of superannuation, according to this final.
7. We have given our anxious thought to the arguments of the parties and have consulted the record of this case carefully. We have also gone through the various medical certificates issued by the Medical Superintendent, Services Hospital, Lahore for determining the age of the appellant and are of the considered opinion that the latest certificate issued by the Medical Superintendent, Services Hospital, Lahore, dated 5th January, 1982 (Annexure 'F') has clinched the issue regarding determining the correct age of the appellant which reads as follows :- "As desired Mr. Karam Din son of Mohnu, Beldar has been examined today the 5th January, 1982 and has reconsidered the certificate of age issued by this Hospital on 24th November, 1981 and is of the opinion that Mr. Karam Din, Beldar is about 58/59 (fifty-eight/fifty-nine) years old on the above date."
As the Medical Superintendent, Services Hospital, Lahore has determined the age of the appellant as 58/59 years on 24th November, 1981 hence this age of the appellant is to be taken for the purpose of superannuation. According to this, the date of superannuation of the appellant works out a to be as 23rd May, 1983 (taking 581 years as age on 24th November, 1981 average of 58/59 years). Thus, the appellant would stand retired on 23rd May, 1983 (A.M.) on attaining the superannuation age of 60 years.
8. The result of the above analysis of the case is that the impugned orders are modified to the extent that the appellant would stand retired on 23rd May, 1983 (afternoon).
' There will be no order as to costs.