Law:

Section: 4(1)

West Pakistan Government Servants (Further Usefulness in Public Service) Rules, 1963-------   -----r. 4(1) proviso, read with Constitution of Pakistan (1962), Arts. 178(2)(3)(4), 225, 234, 250(c) and with Laws (Continuance in Force) Order (I of 1958) (as amended from time to time), Arts. 2(1), 6(9) (a)(c)(d) (Retirement of Government servants)-Proviso to r. 4(1), held, ultra vires Art. 178(3) and therefore a nullity-Proviso, to disadvantage of Government servant in so far as it retires also persons who completed on 19-7-1963 or were to complete, within six months of making of Rules, twenty -five years' service or fifty-fifth year of age-Words "about to" in Art. 6(9)(c) of Order (I of 1958)-Meaning-Review cannot be undertaken after completion of aforesaid two stages Later amendments of proviso to r. 4(1) also invalid Article 178(4) cannot be used to retire persons from dates from which they were retired by impugned orders-High Court's order cannot be nullified by Government by having recourse to Art. 178(4)-Purpose of cls. (a), (c) of Art. 6(9) of Order (I of 1958)-Government servants ordinarily to retire at age of sixty-Effect of repeal of Laws (Continuance in Force) Order (I of 1958)-General Clauses Act (X of 1897), S. 6-General effect of repeal-No person could be retired before sixty years of age if rules not made under Art. 6(9)(d) of Order (I of 1958)-Word -`governance" includes Legislature and rule-making person-Power to retire at 25th year of service or 55th year of age was to be used in special and exceptional cases, not so as to render nugatory extension of age of retirement to sixty Government servants to have "security of tenure" assured by legal and constitutional provisions, so as not to be at mercy of a t "Political Executive" - West Pakistan Government Servants (Further Usefulness In Public Service) Rules, 1963 not made by authority contemplated by cl. (d) of Art. 6(9), Order (I of 1958) Superannuation age: sixty years-Earlier retirement possible only when Government servant is "about to reach" either of two stages, viz., 25 years of qualifying service or 55th year of age-To retire In any…