ABDUR REHMAN CHOWDARV Versus SECRETARY, ESTABLISHMENT DIVISION

1. MUHAMMAD IRSHAD KHAN (MEMBER).‑ This is an appeal against the retirement of the appellant after he has completed 25 years service qualifying for pension. The case is, therefore, covered by Article 1.3 (1) of the Provisional Constitution Order, 1981 and as such the appeal is not entertainable. The counsel for the appellant, however, contended that the appellant's retirement is stated to have been ordered by the President while the authority competent to retire the appellant is the Establishment Secretary. He, therefore, submits that the order having been passed by an authority not competent to retire the appellant, is without jurisdiction and void hence the provisions of Article 13 (1) of the Provisional Constitution Order, 1981 are not attracted to the present case the appeal can be heard and decided by this Tribunal. The conten tion is misconceived and untenable. It is our considered view, and we have held so in several identical cases that it is well within the competence of the President to order the retirement of an officer of Grade‑17 under section 13 (ii) read with section 5 of the Civil Servants Act, 1973. There fore, the present appeal cannot be entertained by this Tribunaand is accordingly dismissed in limine being barred by Article 13 (1) of the P. C. O.

2. M.Y.M

3. Appeal dismissed.