Law: Punjab Civil Servants Act, 1974 

Section: 12

Punjab Civil Servants Act (VIII of 1974)--- ----S.12---Retirement from service---Amendment in law---Retrospective effect---Scope---Petitioner assailed order passed by respondent whereby his retirement order was recalled with the direction to rejoin his official duty in terms of amendment made in S.12 of the Punjab Civil Servants Act, 1974, through the Punjab Civil Servants (Amendment) Act, 2021---Validity---Retirement order of the petitioner had been issued prior to promulgation of the Punjab Civil Servants (Amendment) Act, 2021---Punjab Civil Servants (Amendment) Act, 2021, did not apply retrospectively to the case of the petitioner---When the Legislature through an enactment altered the rights of parties by taking away or conferring any right of action, such amendment did not affect pending actions, unless provided in express terms within the enactment---General rule of common law was that the statute changing the law ought not to affect past events, unless the intention appeared with reasonable certainty to be understood as applying to facts or events that had already occurred in such a way so as to confer or impose or otherwise effect rights or liabilities which the law had defined with reference to the past events---Constitutional petition was allowed and the impugned order was set aside. Muhammad Faheem Zafar v. Government of the Punjab and 3 others 2022 PLC (C.S.) 1156 rel. Muhammad Mansha v. Industrial Development Bank of Pakistan and others 2020 SCMR 1069 foll. 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 impugning the order dated 22.01.2022, passed by Respondent No.3, whereby his retirement order was recalled with the direction to rejoin his official duty in terms of 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. 2. Brief…

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