Law: Constitution of Pakistan, 1962

Section: 98, 178(4)(c), (5)

(a) Constitution of Pakistan (1962), Art. 178(4)(c) read with cl. (5) - Employee completing fifty-fifth year of his age -Retires automatically-Not incumbent on competent authority to record order of retirement-Competent authority failing to notify fact of retirement in Gazette-Failure does not render retirement (on superannuation) without lawful authority-Right of appeal provided in cl. (3) not available to person retiring on reaching age of superannuation. According to sub-clause (c) of clause (4) of Article 178 of the Constitution of Pakistan (1962), an employee has to retire from service on the completion of fifty-fifth year of his age. Clause (5) of the Article enables the competent authority to extend the service of a person beyond the date of his retirement for such period as it may deem fit and subject to such conditions as may be prescribed by rules made by the authority competent to prescribe the terms and conditions of service of such person. But under this clause it is the pleasure of the competent authority alone whether or not to grants further extension in service of a Government employee. If the competent authority does not extend the service of an employee beyond the age of superannuation, that ends the matter. Moreover, an employee since on reaching the age of super annuation retires automatically, it is not incumbent upon the competent authority to record an order to that effect. A perusal of the Article itself would reveal that whereas the retirement, of an employee on completing the age of superannuation is to take effect automatically, extension beyond that date is within the discretion of the competent authority. The mere fact that the retirement of an employee was not notified in the official Gazette could not be a good ground to hold that the employee's retirement after the age of superannua tion would be without lawful authority. Under clause (3) of Article 178, a Government servant has to be provided, by means of Rules to be framed in this behalf, at least one right of appeal against an order, which "(i) punishes or formally censures a person ; (ii) alters or interprets to the disadvantage of a person any rule affecting his…