PROVINCE OF PUNJAB through Divisional Forest Officer, Gujrat and others vs RAFI ULLAH QURESHI
This matter arises from a petition for leave to appeal filed by the Province of Punjab against the judgment of the Service Tribunal, which had accepted an appeal filed by a forest guard (the respondent) and held that a request for retirement can be withdrawn before it actually takes place. The respondent had served for about 32 years, applied for leave preparatory to retirement due to ill-health and domestic problems, and subsequently sought to withdraw his retirement application before the leave expired. Although initially permitted by the Conservator of Forests, the withdrawal order was later rescinded on the ground of lack of competence. The core legal question before the Supreme Court was whether a Government servant can withdraw an option to retire once it has been made and accepted. Granting leave to appeal for a detailed examination of the contention, the Supreme Court noted the State's reliance on precedent regarding the finality of retirement options and directed that the appeal be made ready for hearing.
- Can a Government servant withdraw an application for leave preparatory to retirement or retirement before it actually takes effect?
- Is the Conservator of Forests competent to allow the withdrawal of a retirement order previously sanctioned?
- Does an option to retire become irrevocable once it is exercised by a civil servant?
ORDER
' SAAD SAOOD JAN, J.--The respondent was a forest guard. He joined service in 1949. On 16-3-1982 when he had served for about 32 years he applied for leave preparatory to retirement on the ground of ill-health and domestic problems. His prayer was granted and he was allowed leave for one year and permitted to retire on the expiry thereof. A week before his leave was due to expire he made an application for the withdrawal of the order of retirement. The conservator of Forests allowed his application and permitted him to join service about a fortnight later the Conservator withdrew his earlier order on the ground that he was not competent to make it. The respondent filed an appeal before the Service Tribunal. The learned Tribunal accepted the appeal holding that a request for retirement could be withdrawn before it actually took place.
2. The Government has challenged the legality of the view taken by the Service Tribunal. On its behalf it is stated that once an option to retire has been made, it is not open to the Government servant to withdraw it. In support of this contention reliance has been placed upon a judgment of this Court reported as Secretary, Government of Punjab v. Shamoon Bahadar (PLD 1979 SC 835).
3. The contention raised on behalf of the Government requires examination. Leave to appeal is granted. The appeal may be made ready for hearing on the present record with permission to the parties to file additional documents, if any.