1. The appellant Mr. Haji Ahmed Awan was Assistant in the Law Depart--ment in the Government of West Pakistan. By an order dated 1-6-1966 he was suspended from service with effect from 14-5- 1966. On the 4th February 1970 while he was still under suspension the Gov6rnment retired him from service on attaining the age of 55 years. He has challenged this order before us on the plea that this order was passed during the pendency of criminal cases against him in a Court. He contends that since his case was sub judicial he should have continued in service till the judicial disposal of his case had been complete. We do not find any force in the arguments of the appellant. Article 178 of the Constitution of 1962 clearly lays down the age of retirement as 55 years. This provision is basic law and any arguments to the contrary are not maintainable. We, therefore hold that the appellant was validly retired from service by the order dated 4th February 1970.
2. The appellant has drawn our attention to the part of the order of 4th February 1970 partaining to his pension. The relevant sentence reads as under:- "He will not be entitled to any pension, gratuity etc., till he is cleared of the criminal cases against him pending in the Court."
3. The appellant states that all cases against him have come to an end since January 1973 but that his pension has not been released. He states that he is in great distress and is experiencing great sufferings in the evening of his life. We direct that the matter of pension/gratuity, etc be taken up and decided expeditiously.