MUHAMMAD IRSHAD vs GOVERNMENT OF PUNJAB through Secretary Irrigation and Power Department Retirement — 2022 PLC(CS) 852 LAHORE-HIGH-COURT-LAHORE

Case information

Citation: 2022 PLC(CS) 852 LAHORE-HIGH-COURT-LAHORE
Court: Lahore High Court
Year: 2022
Reporter: PLC
Parties: MUHAMMAD IRSHAD vs GOVERNMENT OF PUNJAB through Secretary Irrigation and Power Department Retirement
Subject matter: Criminal

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

Judgment text as reported

MUHAMMAD IRSHAD VS GOVERNMENT OF PUNJAB through Secretary Irrigation and Power Department Retirement---authority of department to modify retirement order---Scope---appellant sought modification of his retirement order issued on the basis of superannuation to order for retirement on medical invalidation basis---Contention of appellant was that he was declared as medically invalid prior to his date of superannuation, therefore, instead of issuing retirement order on the basis of superannuation the same should have been issued on medical grounds---Validity---For retirement of the appellant on medical ground basis, an order to that effect by the competent authority was required to be passed by application of mind to the facts and circumstances of the case, which order had not been passed till the date of superannuation as the report of Medical Superintendent to provide information of countersigning/confirming it by Director General Health Services was awaited and the same was received after the appellant had already stood retired on superannuation---By such time, the competent authority had also become functus officio---Retirement order with retrospective effect could not have been passed on the basis of medical invalidation when the appellant had earlier stood retired on the basis of superannuation---No ground to interfere in the order passed by Single Judge of High Court was made out---Intra Court appeal was dismissed.

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