Law:

Section:

Gilgit-Baltistan (Empowerment and Self-Governance) Order, 2009-------Art. 71(2)---General Clauses Act (X of 1897), S.23---Writ petition---Civil service---Retirement---Petitioners were appointed under the Service Rules and provision of R.25.1 of said Rules provided the retirement age of the employees as 60 years---Employer Corporation had framed new Service Rules and under provision of R. 25 of said new Rules, retirement age was changed as 55 years or 25 years of regular service---Said new Rules were given immediate effect and vide impugned order a number of employees were retired presuming that Rules had retrospective effect---No year or date of enforcement had been mentioned in the Preamble of new Rules---Impugned Rules had been made in utter violation of S.23 of the General Clauses Act, 1897 as no draft of the proposed Rules had been published for the information of the persons affected and no notice had been served to get objections or suggestions---New Rules, having been given immediate effect, same could not be made pretext to retire the employees who had been appointed under the old Rules---Employer Corporation could not give retrospective effect to the Provision of R. 25 of the new Service Rules as vested right had accrued to the petitioners who were serving under Rules of 1974---Petitioners, who had served the Corporation for at least 25 years and previous Rules had provided 60 years as retirement age, could not be retired by giving retrospective effect to any amendment made or introduced in the Service Rules---Principle of retrospective 'effect' could not be allowed to defeat the already created rights in favour of individuals by the Rules, amended or repealed---Law recognized immediate effect and not the retrospective effect of the amendment made in respect of substantive law or Rules meant to defeat the acquired rights emanating from the existing law or Rules---Impugned amendment or the new Rules framed being destructive of already vested rights to the petitioners, were without lawful authority and of no legal effect---Impugned retirements of employees were set aside, in circumstances and employer Corporation was directed to treat the petitioners as…

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