Law:

Section:

(a) West Pakistan Water and Power Development Authority Employees (Retirement) Rules, 1979----S. 3(a)--Constitution of Pakistan (1973), Art. 212(3)--Leave to appeal, grant of--Leave to appeal granted to petitioner, a former employee of WAPDA, to examine whether order of his retirement passed under R.3(a) of West Pakistan Water and Power Development Authority Employees (Retirement) Rules, 1979, was passed by competent Authority. (b) West Pakistan Water and Power Development Authority Employees (Retirement) Rules, 1979- ---Rr. 2(c) & 3(a)--Constitution of Pakistan (1973), Art. 212(3)-­Retirement of WAPDA employees on rendering twenty-five years service or on attaining age of fifty-five years irrespective of fact whether they belonged to Grade-20 or not--Appointing Authority and designated Authority, other than the Authority, itself, retiring a WAPDA employee of Grade-20, whether suffered from jurisdictional taint--Re-defining of 'Competent Authority' by memorandum of 20th May, 1980--Effect on retirement of an employee of Grade-20--By redefining 'Competent Authority' as defined in R. 2(c) and restricting it to 'Authority' alone, restricting definition, held, was allowed to transcend to R. 3(a) of WAPDA Employees (Retirement) Rules, 1979--Appointing Authority and designated Authority other than the Authority itself have been denied the power to proceed against officers, even those in Grade-20, who have completed fifty-five years of age or twenty-five years of service--Effect of memorandum dated 20th May, 1980 whereby definition of 'Competent Authority' was limited to R. 3(b) of West Pakistan Water and Power Development Authority Employees (Retirement) Rules, 1979, is that in respect of those officers of Grade-20 who have completed 25 years' service or have attained 55 years of age, competent Authority ceases to be the Appointing Authority or the Designated Authority and instead it is the Authority which alone has such jurisdiction--Where order of retirement of WAPDA employee was passed riot by the Authority but by appointing Officer, same suffered from a legal jurisdictional taint--Appeal of retired employee against his retirement was accepted by Supreme Court…

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