| Case ID |
167f0f9a-a61d-4f6e-8c1a-e14bd73893a8 |
| Body |
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| Case Number |
Writ Petitions Nos. 17603 and 17602 of 2021 |
| Decision Date |
Jan 18, 2022 |
| Hearing Date |
Jan 18, 2022 |
| Decision |
The court ruled in favor of the petitioner, stating that the amended Section 12 of the Civil Servants Act, which imposes additional conditions for voluntary retirement, does not apply retrospectively. Hence, the petitioner's retirement order, which was issued prior to the amendment, was lawful and could not be recalled. The court emphasized that once a retirement order is lawfully passed, it becomes final, and any subsequent administrative interpretation by the Finance Department was deemed unlawful. The petitioner was entitled to receive pension based on the law applicable at the time of retirement. |
| Summary |
This case revolves around the interpretation of the Civil Servants Act, 1973, specifically Section 12 regarding voluntary retirement and pension eligibility. The petitioner, a civil servant, had applied for voluntary retirement and was issued a retirement order before the amendment of Section 12, which introduced stricter conditions for retirement. The court held that the amended provisions could not apply retrospectively to the petitioner's case, affirming the principle that once a lawful retirement order is made, it cannot be revoked. This decision underscores the protection of civil servants' rights to retirement and pension under existing laws, highlighting the importance of statutory provisions over administrative clarifications. The ruling reinforces the legal standing of retirement orders issued prior to amendments in the law, thus ensuring fairness and adherence to due process in civil service matters. |
| Court |
High Court
|
| Entities Involved |
Not available
|
| Judges |
ABID HUSSAIN CHATTHA, J
|
| Lawyers |
Tariq Mahmood Dogar,
Khush Bakht Khan,
Muhammad Kamran Ashraf
|
| Petitioners |
MUHAMMAD FAHEEM ZAFAR
|
| Respondents |
GOVERNMENT OF THE PUNJAB through Accountant General, Punjab and 3 others
|
| Citations |
2022 SLD 2360,
2022 PLC 1156
|
| Other Citations |
Shaukat Ali Khan v. Federation of Pakistan through Secretary and 5 others 2019 PLC (C.S.) 1527,
Fazal Haq Shah v. Deputy Commissioner, Lahore and others 1980 PLC (C.S.) 637,
Secretary, Government of Punjab, Food and Co-operation Department v. Shamoon Bahadur PLD 1979 SC 83,
Federation of Pakistan through Secretary Capital Administration and Development Division, Islamabad and others v. Nusrat Tahir and others 2018 PLC (C.S.) 669,
Muhammad Saeed and others v. Secretary Finance and others 2019 PLC (C.S.) 893,
Manzoor Ali and 39 others v. United Bank Limited through President 2005 SCMR 1785,
I.G. Punjab and others v. Iqbal Mehmood 2012 SCMR 745
|
| Laws Involved |
Civil Servants Act, 1973
|
| Sections |
12
|