| Case ID |
41f93d00-e126-4c39-ae6c-d5c0edaafd8a |
| Body |
View case body. Login to View |
| Case Number |
Civil Appeal No. 214 of 1969 |
| Decision Date |
May 13, 1974 |
| Hearing Date |
May 13, 1974 |
| Decision |
The Supreme Court of Pakistan determined that under the provisions of Article 178 of the Constitution of 1962, as amended by the Sixth Amendment, a government officer who attains the age of fifty-five after the amendment's enactment automatically retires six months thereafter, unless directed otherwise. The court upheld the High Court's ruling that the compulsory retirement of the respondent was illegal and ultra vires the Constitution. The court also addressed the implications of the Sixth Amendment and clarified that such amendments apply prospectively, ensuring the rights of government servants regarding their age of superannuation are protected. The appeal was dismissed as having become infructuous since the respondent had already retired, and the government had no intention of reopening the case. |
| Summary |
In the landmark case of Civil Appeal No. 214 of 1969, the Supreme Court of Pakistan addressed critical constitutional issues surrounding the retirement of government servants. The case revolved around the interpretation of Article 178 of the Constitution of 1962, particularly the implications of the Sixth Amendment, which mandated that government officials reaching the age of fifty-five would retire automatically unless stated otherwise. The court reiterated the need for clarity in the application of constitutional provisions and emphasized the importance of protecting the rights of government employees in light of legislative changes. The ruling reinforced the principle that retirement policies must adhere to constitutional mandates, ensuring fairness and legality in the retirement process. This case serves as a significant reference for future cases concerning government employment and constitutional law, highlighting the delicate balance between administrative directives and individual rights. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
HAMOODUR RAHMAN, C.J.,
MUHAMMAD YAQUB ALI,
WAHEEDUDDIN AHMAD,
ANWARUL HAQ,
MUHAMMAD GUL
|
| Lawyers |
K. M. Bokhari, Assistant Advocate-General Punjab,
Ijaz Ali, Advocate-on-Record
|
| Petitioners |
INSPECTOR GENERAL OF POLICE, WEST PAKISTAN LAHORE
|
| Respondents |
GHULAM MUHAMMAD, SUBINSPECTOR
|
| Citations |
1974 SLD 291,
1974 PLD 252
|
| Other Citations |
Karamatullah v. The Government of West Pakistan Writ Petition No. 1116 of 1964,
Government of West Pakistan v. Karamatullah Khan P L D 1968 S C 292,
Muhammad Yusuf v. Government of West Pakistan P L D 1970 S C 219
|
| Laws Involved |
Constitution of Pakistan (1962)
|
| Sections |
178(4)(b)
|