| Case ID |
036c62c1-b493-4522-bdb1-32a69e0ef9df |
| Body |
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| Case Number |
First appeal No, 21 of 1951 |
| Decision Date |
Apr 23, 1953 |
| Hearing Date |
|
| Decision |
The court held that Khaliq Dad Khan was no longer a member of the Punjab Civil Service at the time the notice to show cause against his dismissal was served. The dismissal order was deemed void and inoperative since it was issued after the respondent had reached the age of superannuation. The appeal by the Punjab Government was dismissed, confirming that a government servant automatically retires upon reaching the age of superannuation under the Civil Service Rules, and any dismissal after that point lacks legal effect. |
| Summary |
In the case of Khaliq Dad Khan vs. The Province of Punjab, the Lahore High Court addressed critical issues regarding the automatic retirement of government servants upon reaching the age of superannuation. The case revolved around the dismissal of Khaliq Dad Khan by the Punjab Government, which was challenged on several grounds, including lack of proper notice and the legality of retrospective dismissal. The court emphasized that under the Civil Service Rules, specifically Rule 3.26(a), a government servant automatically retires upon reaching the age of superannuation, and any dismissal enacted after this point is null and void. The ruling reinforced the importance of adhering to established procedures in government employment and the rights of civil servants upon retirement. This case highlights the necessity for government entities to operate within legal frameworks and provides significant precedent for similar cases in civil service law. |
| Court |
Lahore High Court
|
| Entities Involved |
Punjab Government
|
| Judges |
MUHAMMAD KHURSHID ZAMAN,
B. Z. KAIKAUS
|
| Lawyers |
Abdul Aziz, Advocate-General,
Mien Muhammad Shafi,
S. A. Aziz,
Mahmood Shah
|
| Petitioners |
Khan KHALIQ DAD KHAN
|
| Respondents |
THE PROVINCE OF PUNJAB
|
| Citations |
1953 SLD 36,
1953 PLD 295
|
| Other Citations |
R. T. Rangachari v. Secretary of State A I R 1937 P C 27
|
| Laws Involved |
Civil Service Rules
|
| Sections |
Vol.1, Chap.III, Rule 3.26(a)
|