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1989 SCMR 1450

Syed ASADULHAQ vs DISTRICT EDUCATION OFFICER and others

Citation1989 SCMR 1450
CourtSupreme Court of Pakistan
Case No.Civil Petition No,887 and 920 of 1981
Date1988-08-13
Judge(s)Ali Hussain Qazilbash, Saad Saood Jan
ResultPetitions dismissed

ORDER

' SAAD SAOOD JAN, J.--Syed Asad-ul-Haq, petitioner in C.P.S.L.A. No,887 of 1981, was serving as Assistant in the office of the District Education Officer, Bahawalpur. Ch. Sarwar Ali, petitioner in C.P.S.LA. No,920/81, was serving as Superintendent in the same office. By an order dated 13-1-1980 they were retired from service by the Deputy Director (Administration) in the Divisional Directorate of Education on completion of 25 years service qualifying them to receive pension of other reitrement benefits. They made representations against their reitrement but without any success.

They then filed appeals before the Service Tribunal. Their appeals were dismissed. They now seek leave to appeal from this Court.

2. The case of the petitioners is that as they were serving in the office of the District Education Officer, it was only the District Education Officer who could direct their retirement. In support of this contention they rely upon the West Pakistan Delegation of Powers Rules as substituted by notification No,SORI (SGA&ID)-15-4/71, dated 29-3-1974.

3. It is difficult to accept the contention of the petitioners. They are governed by the West Pakistan Ministerial and Subordinate Service Rules, as amended by notification No,SOR-III-1-9/72, dated 29- 7-1975. Learned counsel for the petitioners stated that so far as their appointment was concerned, they fell under Rule 4(a). Now under this sub-rule the Deputy Director (in charge of administration) of their Region was their appointing authority. That being so, under section 12, Punjab Civil Servants Act, the Deputy Director was competent A to order their retirement in public interest on completion of 25 years service qualifying for pension or other retirement benefits. It is, therefore, incorrect on the part of the petitioners to contend that only the District Education Officer could make such an order in their case. The petitions are without any merit and are hereby dismissed.

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