Law:

Section:

(a) Civil service-- ---Administrative instructions issued by authority competent to alter or amend rules--Effective and binding as statutory rules--Amendment in rules or notification by authority having powers of subordinate legislation (rule making) cannot operate retrospectively--Dispute relating to admissibility of pension to WAPDA employee removed/retired under S.17(1-A) of West Pakistan Water and Power Development Authority Act, 1958--Office Order of Authority, dated 25-7-1979 containing decision that person removed under S.17(1-A) of Act, 1958, was entitled to pensionary benefits, held, an order making a rule--Subsequent notifica­tion, dated 28-6-1982 amending WAPDA Pension Rules disentitling such persons of pensionary benefits, held, cannot operate retrospectively-­Refusal of pension to employee removed prior to issuance of notification, dated 28-6-1982, held, unjustified and legally ineffective. P L D 1961 SC 105; P L D 1964 SC 21; P L D 1965 S C 633 and P L D 1964 S C 494 rel. (b) West Pakistan Water and Power Development Authority Act (XXXI of 1958)-- ---S.17 (1-A)--Interpretation of S.17(1-A)--Words "retire" and "remove from its service"--Relate respectively to expressions "any person employed by" and "serving under the Authority"--Authority empowered to retire only a WAPDA employee and to revert only a person serving with WAPDA on deputation to parent department--Expression "remove from its service" means can be removed from service of WAPDA and not termination of incumbent's own service--Removal from service--A major penalty--Can be imposed only after following procedure prescribed in Efficiency and Discipline Rules---It would be too much to suggest that a WAPDA servant can be removed from service as a penal measure in an arbitrary and brute manner under S.17(1-A)--Such view, held, contrary to Constitution of Pakistan, 1973, law and injunctions of Islam ­WAPDA servant, held, can only be retired and cannot be removed from service as a penal-measure--Power of removal from its service under S.17(1-A) can be exercised by Authority in respect of a person serving under it but not being its employee--WAPDA servant removed under S.17(1-A), held, entitled…

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