KARACHI, Oct 12: The Sindh Service Tribunal ordered on Tuesday reinstatement of a retired deputy registrar of NED University of Engineering and Technology.

Ashfaq Hussain Shah was allowed by the vice-chancellor to retire voluntarily in November 2002 on completion of 25 years of service.

He proceeded on leave preparatory to retirement and retired in October 2003. However, he made an application for withdrawal of his request for premature retirement before the order became effective. The plea was not accepted and a subsequent departmental representation against his retirement was also rejected. He approached the tribunal for reinstatement.

Allowing the appeal, a three-member SST bench observed that the authorities had already decided to relieve the appellant and his premature retirement was not voluntary.

He also submitted a representation against his retirement. There was no hard and fast rule to the effect that the option of retirement, once exercised, could not be retracted. Each case must be examined on the basis of its own facts and circumstances. The appellant would not, however, be entitled to back benefits in view of a recent Supreme Court judgment, it said.

The bench was headed by tribunal chairman Justice Abdul Ghani Shaikh (retired) and members Yousuf Ali Mirza and Nur Ahmed Shah. Advocates M. Nawaz Shaikh and M. Tasneem Siddiqui appeared for the appellant and the respondents, respectively.