| Citation(s) |
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| 2023 SLG 2040 2023 SLD 2040 = 2023 PLD 272 |
Write Petitions Nos. 1355, 2489 and 1809 of 2020, decided on 15th June, 2021.
Before Mohsin Akhtar Kayani, J
Omar Farouk Adam and Ms. Ghanwa Ejaz Khan for Petitioner (in W.P. No.1355 of 2020). Muhammad Shaoib Shaheen, Mirza Waqas Qayoom and Saif-ur-Rehman Shah Bukhari for Petitioner (in W.P. No.1809 of 2020). Barrister Zafarullah Khan for Petitioner (in W.P. No.2489 of 2020).
Respondents by: Barrister Muhammad Mumtaz Ali, A.A.G. Anita Turab, Joint Secretary (CP-II), Ayesha Bashir Wani, J.S. Litigation, Muhammad Saleem Khattak, D.S. (CP-IV), Ms. Nisha, Deputy Secretary (CP-I), Mehmood Khan Lakho, S.O. Lit.VI, Nadeem Arshad, S.O. Lit.V, Abdul Qayoom Kakar, S.O. (CP-VI), for Establishment Division, Islamabad. Date of hearing: 27th May, 2021.
Syed MOHSIN SHAH---Petitioner
VERSUS
FEDERATION OF PAKISTAN through Secretary Law and Justice, Islamabad and 3 others---Respondents
Law: Civil Servants (Directory Retirement from Service) Rules, 2020
Section: 13 , R.5 , 25 , 3 , 114 , Rr. 3 , 4 , 5 , 14 , 8 , 10 -A , 2(n) , 15
Law: Civil Servants Act, 1973
Section: 13
(a) Civil Servants (Directory Retirement from Service) Rules, 2020---
----R. 5---Civil Servants Act (LXXI of 1973), S. 13---Retirement---Grounds for retirement---Scope---Petitioners questioned the vires of Civil Servants (Directory Retirement from Service) Rules, 2020---Validity---Legislation touching the vested rights of an individual cannot be given retrospective effect---However, civil servants cannot claim their vested right to continue serving after completing 20 years of service until the age of superannuation, as it is already a part of their terms and conditions under S.13(1)(i) of the Civil Servants Act, 1973---Said provision ensures that they are protected and allowed to continue their service until the 20th year, unless they have been affected by the concept of misconduct---Therefore, the terms and conditions of service stipulated in the Civil Servants (Directory Retirement from Service) Rules, 2020, do not create any other rights, as interpreted by the petitioners, except those provided in the statute---Constitutional petitions were dismissed.
(b) Civil Servants (Directory Retirement from Service) Rules, 2020---
----R.5---Civil Servants Act (LXXI of 1973), Ss. 13 & 25---Retirement---Grounds for retirement---Scope---Petitioners questioned the vires of Civil Servants (Directory Retirement from Service) Rules, 2020---Validity---Section 25 of the Civil Servants Act, 1973, extends the authority to the President to make rules for carrying out the purpose of the Act---President has delegated its authority to the Prime Minister of Pakistan in exercise of powers conferred by subsection (1) of S. 25 of the Civil Servants Act, 1973 vide SRO No.120(I)/98, dated 27-02-1998, to make rules under the Act---In this case the Prime Minister of Pakistan had promulgated the impugned Rules, hence the salient characteristics qua the rulemaking authority are the powers conferred in the statute---Second characteristic is the approval of the Government or statutory sanction which has clearly been observed as the rules have been notified through SRO No.230(I)/2020, therefore, the minimum requirements of law have been fulfilled---Constitutional petitions were dismissed.
(c) Civil Servants (Directory Retirement from Service) Rules, 2020---
----R. 5---Civil Servants Act (LXXI of 1973), Ss. 13 & 3---Retirement---Grounds for retirement---Terms and conditions of service, variation of---Scope---Petitioners questioned the vires of Civil Servants (Directory Retirement from Service) Rules, 2020---Contention of petitioners was that under S. 3 of the Civil Servants Act, 1973, the terms and conditions of their service could not be varied to their disadvantage---Validity---Section 3 though confirmed the rights of the civil servants but the same had to be regulated under the law and it was settled that no adverse action could be taken against the civil servant, except in accordance with law---Even the impugned rules were within the framework of the Civil Servants Act, 1973 and the same did not create a disadvantageous position for a civil servant in any manner---Constitutional petitions were dismissed.