| Citation(s) |
|---|
| 2014 SLG 1433 2014 SLD 1433 2014 SCMR 1504 |
Supreme Court of Pakistan
Civil Appeals Nos.826, 827 and 828 of 2007, decided on 25thJune, 2013. (On appeal from judgments of the Lahore HighCourt, Rawalpindi Bench, Rawalpindi dated 15-12-2005 and8-3-2006 passed in W.Ps. Nos.2379 of 2005 and 68 of 2006)
NASIR-UL-MULK, ANWAR ZAHEER, JAMALI AND IQBAL HAMEEDUR REHMAN, JJ
Civil Appeals Nos.826, 827 and 828 of 2007, decided on 25thJune, 2013. (On appeal from judgments of the Lahore HighCourt, Rawalpindi Bench, Rawalpindi dated 15-12-2005 and8-3-2006 passed in W.Ps. Nos.2379 of 2005 and 68 of 2006)
NASIR-UL-MULK, ANWAR ZAHEER, JAMALI AND IQBAL HAMEEDUR REHMAN, JJ
Lt. Gen. (Retd.) JAMSHAID GULZAR and anothervsFEDERATION OF PAKISTAN and others
Law:
Section:
(a) Constitution of Pakistan-------Art. 242(1A)---Federal Public Service Commission Ordinance (XLV of 1977), S. 4---Federal Public Service Commission (Amendment) Act (V of 2006), S. 2---Chairman and Members of Federal Public Service Commission, appointment of---Terms of office---Reduction in tenure of office---Authority of legislature to take away a vested right retrospectively---Scope---Chairman and Members of Federal Public Service Commission were appointed for a term of five years under Art.242(1A) of the Constitution and S. 4 of the Federal Public Service Commission Ordinance, 1977, respectively---Subsequently their tenure of office was reduced to three years by promulgation of various Ordinances and finally by Federal Public Service Commission (Amendment) Act, 2006---Plea of Chairman and Members of the Commission was that their appointment for a term of five years was their vested right which could not be curtailed or reduced to three years by retrospective operation of the impugned Ordinances and the Federal Public Service Commission (Amendment) Act, 2006---Validity---Legislature had the authority to promulgate or amend a law with retrospective effect by intendment---Language of S. 2 of Federal Public Service Commission (Amendment) Act, 2006 made it clear the change in tenure of office had been given retrospective effect from the date when Federal Public Service Commission Ordinance, 1977 was promulgated---Legislature had ensured the applicability of the Federal Public Service Commission (Amendment) Act, 2006 with retrospective effect, covering the case of all serving Chairman/Members of the Commission---When the legislature had given the Federal Public Service Commission (Amendment) Act, 2006 retrospective effect with clear intendment spelt out from its language, then no protection to the alleged vested rights could be offered contrary to it--- Appeal was dismissed accordingly. (b) Legislation--- ----Retrospective effect---Legislature had the authority to promulgate or amend a law with retrospective effect by intendment. (c) Legislation--- ----Retrospective effect---Vested right, curtailment of---Scope---Where the legislature had given an enactment…
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