Law: Punjab Civil Servants Act, 1974 

Section: 12

Punjab Civil Servants Act (VIII of 1974)--- ----S.12---Punjab Civil Servants (Amendment) Ordinance (XXII of 2021), Preamble---Retirement from service---Scope---Petitioner sought direction to the District Accounts Officer for preparing her pension papers and a declaration that amendment made in S. 12 of the Punjab Civil Servants Act, 1974, was ultra vires the Constitution---Validity---Petitioner had voluntarily retired from service after completing 25 years of qualifying service---Legislature brought an amendment in S. 12 of the Punjab Civil Servants Act, 1974, according to which voluntary retirement was subject to fulfillment of condition of 25 years of service or 55 years of age, which ever was later---Retirement order was issued on 24-08-2021 while firstly, the Punjab Civil Servants (Amendment) Ordinance, 2021, was promulgated on 03-05-2021 and had been extended before its expiry period i.e. 90 days without any break till promulgation of the Punjab Civil Servants (Amendment) Act, 2021, on 29-10-2021---Constitutional petition, having no merit, was dismissed. Muhammad Faheem Zafar v. Government of the Punjab and 3 others 2022 PLC (C.S.) 1156; Adnan Afzal v. Capt. Sher Afzal PLD 1969 SC 187; Colonial Sugar Refining Company Limited v. Irving 1905 A C 369; Muhammad Mansha v. Industrial Development Bank of Pakistan and others 2020 SCMR 1069 and Muhammad Khalid Khan v. Inspector General of Prisons, Khyber Pakhtunkhwa and another 2021 MLD 232 ref. ORDER JAWAD HASSAN, J.----This Constitutional Petition under Article 199 of the Islamic Republic of Pakistan, 1973 (the Constitution) has been filed by the Petitioner seeking direction to be issued to the Respondents/District Accounts Officer, Chakwal, for preparing her Pension Papers sent to him vide Notification No. 1793/AC-II, dated 03.11.2021 and that the Amendment made in Section 12 of the Punjab Civil Servants Act, 1974 (Act VIII of 1974) in pursuance of Notification No. Legis:13-20/2002(P-I) dated 03.05.2021 (hereinafter to be called the Amendment Ordinance) later given shape of The Punjab Civil Servants (Amendment) Act, 2021 promulgated and enforced in the Punjab Gazette Notification dated 29.10.2021 be declared…

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