MUHAMMAD FAHEEM ZAFAR vs GOVERNMENT OF THE PUNJAB through Accountant General, Punjab S

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MUHAMMAD FAHEEM ZAFAR VS GOVERNMENT OF THE PUNJAB through Accountant General, Punjab S.12---Punjab Revised Leave Rules (1981), R. 18---Voluntary retirement---Pension¬---Right to leave preparatory to retirement ("LPR"), availing of---Petitioner/civil servant applied for voluntary retirement and was ultimately retired vide retirement order after the expiry of leave preparatory to retirement ("LPR")---Petitioner applied for pension but his case was returned by Authority on the ground that his age was less than 50 years at the time of retirement as per requirement under S. 12 of the Civil Servants Act, 1973---Petitioner contended that the Amended S.12 of the Act, 1974 could not apply to his case retrospectively as his retirement order was issued prior to the date of commencement of the Amended S.12 of the Act; that the retirement order lawfully passed by the competent authority could not be recalled; that date of retirement was to be reckoned from the date of retirement order and that withholding of pension was against the fundamental right of the Petitioner---Held, that amended S.12 of the Act shall apply prospectively and shall not affect the retirement orders lawfully passed by a competent authority before the date of its commencement---Finance Department had no authority under the law to clarify, interpret, abridge or extend the right of family pension provided under S.18(2) of the Act and further regulated by the Rules of 1963---Leave Preparatory to Retirement (LPR) could be recalled in terms of R.18 of the Rules, 1981, by the designated official therein but power so conferred was limited to the period of LPR---Said Rule it could not be applied to revoke the retirement order itself---Date of retirement order was actually the date of retirement as the right to retire/receive pension would mature on the said date---It was merely the initiation of pension which was given effect from the last date of LPR---Principle of locus poenitentiae was fully attracted in the petitioner's case as accrued right vested with the petitioner on 19/08/2020, i.e. the date of his retirement order, which was lawfully passed on the said date by the competent authority in accordance with prevailing law---Petitioner exercised his right in accordance with the applicable law at the relevant time by following the prescribed procedure and was duly granted retirement along with the benefit of availing of LPR as depicted from the retirement order, hence, he effectively retired on the date of retirement order which preceded the date of Amended S.12 of the Act---Future date regarding initiation of pension after availing of LPR which was subsequent to the date of commencement of Amended S.12 of the Act was, therefore, irrelevant for the application of the provisions of Amended S.12 of the Act as the right to retire/receive pension matured on the date of retirement which preceded the Amended S.12 of the Act---Constitutional petition was accepted accordingly.

MUHAMMAD FAHEEM ZAFAR vs GOVERNMENT OF THE PUNJAB through Accountant General, Punjab S — 2022 PLC(CS) 1156 LAHORE-HIGH-COURT-LAHORE

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