MUHAMMAD RAFIQUE vs PAKISTAN RAILWAYS
This matter arises from a petition for leave to appeal against the judgment of the Federal Service Tribunal, Islamabad, dated 24-3-1994, which had dismissed the petitioner's appeal concerning his premature retirement. The core legal question is whether a government servant can withdraw an application for premature retirement before its formal acceptance or before the retirement order is passed by the competent authority. The Supreme Court examined the record and noted that the withdrawal application was duly forwarded and endorsed prior to the issuance of the retirement order by the Divisional Officer. Relying on administrative instructions governing service matters, the Court held that a government servant may withdraw an application for premature retirement before its acceptance by the competent authority. Consequently, the Court granted leave to appeal and directed that status quo be maintained since the petitioner was stated to be still in service.
- Can a government servant withdraw an application for premature retirement after submitting it?
- Whether an application for withdrawal of premature retirement is effective if submitted before the issuance of the retirement order?
- Does the acceptance of a premature retirement application bar its subsequent withdrawal if done prior to the effective date or acceptance?
ORDER
' ABDUL QADEER CHAUDHRY, J.---Leave to appeal has been sought against the judgment of the Federal Service Tribunal, Islamabad, dated 24-3-1994.
2. The facts in brief are that the petitioner submitted an application on 1-1-1992, seeking pre- mature retirement with effect from 2-4-1992. The petitioner submitted another application, on 19- 2-1992, to respondent No,4, for withdrawal of his application for premature retirement. The petitioner was retired with effect from 2-4-1992. The petitioner's departmental representation, against the order of his retirement, was dismissed by the competent authority. He approached the Federal Service Tribunal, but his appeal was dismissed by the impugned judgment,
3. According to the Tribunal, the petitioner's withdrawal application was received by the competent authority on 21-3-1992 i.e, after the acceptance of his earlier request. Under the law, once an application for retirement is accepted, it cannot be withdrawn subsequently. The case of the respondents is that the withdrawal application was submitted by the petitioner on 19-3-1992, but a back date was inserted wrongly by overwriting and interpolation.
4. We have seen the record. The forwarding letter (at page 30 of the paper book) with the application of withdrawal of premature retirement of the petitioner was endorsed by the Station Superintendent P.R. Sukkur, on 19-2-1992, therefore, prima facie it is wrong to contend on behalf of the respondent that some interpolation has been made. The order of retirement passed by the Divisional Officer is dated 12-4-1992. Before the order of retirement the petitioner had already submitted his application which, according to the Tribunal, was received by the competent authority on 21-3-1992. As per letter No,23/3/81-SV(B), dated 12-4-1981, a Government servant may withdraw his application for premature retirement before its acceptance by the competent authority. There is nothing on the record to indicate that the petitioner was retired on 16-3-1992. The order of retirement issued by the competent authority is dated 12-4-1992 (page 62 of the paper book), therefore, the petitioner moved his application before the order of retirement passed by the Divisional Office.
' Leave is granted. Learned counsel for the petitioner has stated that he is in service. If that is so, the status quo shall be maintained.