1. ' ABDUL SHAKURUL SALAM, J.---This appeal by leave arises in the following circumstances: ' The appellant was working as Additional Sessions Judge when by an order, dated 10-12-1979 he was retired from service on the ground of having completed 25 years of service qualifying for pension and other retirement benefits. He filed a review petition but it was dismissed on 4-4-1981.
2. He then filed an appeal before the Punjab Service Tribunal. It too was dismissed on 19-4-1983. He filed petition for leave to appeal and it was submitted that "at the time when the order of retirement was made, he had put in only 15 years of service under the Provincial Government.
3. Before joining service under the Provincial Government, he was an employee of the Central Government. While computing the period of qualifying service, the Provincial Government has taken into account his service under the Central Government as well which was not permissible under the rules. In support of this contention, he relied' upon the judgment of this Court reported as Secretary to Government of Punjab v. Noor Muhammad Khan PLD 1984 SC 82. Leave was granted to consider the contention vide order,. Dated 19-2-1989.
2. It is pointed out by the learned counsel for the appellant that if he had not been retired vide the impugned order, dated 19-4-1983 the appellant would have retired on superannuation on 24-9- 1988. In view of the judgment of this Court quoted above service under the Central Government could not be tagged with service under the Provincial Government. Therefore, the impugned order, dated 10-12-1979 is set aside. The appeal is allowed. Learned counsel for the respondents has submitted that the appellant is occupying a Government Quarter. He must vacate it. Appellant who is present in person states that he shall vacate the quarter by 1-10-1991. Let him do so.
4. ' The appeal is allowed in the above terms without any order as to costs.