Law: Constitution of Pakistan, 1973

Section: 9,199

(a) Civil Service---   ----Retirement dues and other benefits available to an employee at eve of his retirement from service could not be curtailed or changed to his detriment unilaterally, and if done so, then same would operate prospectively and apply only to employees retiring subsequent to such change---Principles.   An employee who retires from service acquires vested right to his retirement dues so also the other benefits which were existing at the time of his retirement and such benefits cannot unilaterally be curtailed or amended to the detriment of an employee who has already retired. If any such unilateral change is effected, the same will operate prospectively and will only apply to the employees, who retire subsequently to such change. The earlier retired employees will get the same benefits to which they became entitled at the time of their retirement.    It is not merely a question of fulfilment of contractual obligations, but inherently it includes obligations of morality and a social order devoid of inequity and its application and result across the board.    Legally, a person who has retired from service is entitled to continuation of all the benefits, which were available to him at the eve of retirement; it is not available to the employer to make any change in such benefits in respect of any such employee, who has already retired.    (b) Constitution of Pakistan (1973)---   ----Arts.9 199---Constitutional petition---Retired employee of Gas Company---Unilateral change by company in retirement benefits including medical facilities available to petitioner at eve of his retirement from service---Plea that Constitutional petition filed against company was not maintainable for same being a private organization and not having statutory rules---Validity---Government of Pakistan was holding controlling shares of the company---Memorandum of Association of the company was signed by 7 persons connected with an institution of Pakistan Army---Controlling shares were still retained by Government of Pakistan---Such Company exercising public power was a person within contemplation of Art.199 of the…

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