MOHAMMAD ABOO ABDULLAH vs PROVINCE OF EAST PAKISTAN AND 2 Other
The petitioner, a retired Deputy Inspector-General of Police, initiated a civil suit against the Province of East Pakistan and others seeking damages for his alleged illegal eviction from a room in the Provincial Circuit House. The eviction occurred while the petitioner was on leave preparatory to retirement. The petitioner challenged the legality of this eviction. The Supreme Court of Pakistan granted leave to appeal to specifically determine the interpretation of 'retirement' in the context of government service. The core legal question before the Court is whether a government servant who proceeds on leave preparatory to retirement and relinquishes charge on a specific date is considered to have retired from service from that date, pursuant to the provisions of the East Bengal Government Lands and Buildings (Recovery of Possession) Act, 1952. This determination is essential to establish the legal status of the petitioner at the time of the eviction and the applicability of the relevant recovery of possession statute.
- Is a government servant who takes leave preparatory to retirement and hands over charge considered to have retired from service from that date for the purposes of the East Bengal Government Lands and Buildings (Recovery of Possession) Act, 1952?
- Section 4, East Bengal Government Lands and Buildings (Recovery of Possession) Act, 1952
ORDER
1. ABDUS SATTAR, J.-The petitioner who retired from Govern--ment service as Deputy Inspector- General of Police filed a suit against the respondents for damages on the ground, inter alia that he had been evicted by them illegally from room No. 2 of the 48, Provincial Circuit House in respect of which he was an allottee. The eviction took place when he was on leave preparatory to retirement.
2. We grant leave to consider the question whether a Govern--ment servant who takes leave preparatory to retirement and hands over charge in this connection on a particular date is said to have retired from service from that date within the meaning of section 4 of the East Bengal Government Lands and Buildings (Recovery of Possession) Act, 1952.
3. Security-Rs. 1,000.00.