SHER ZAMAN KHAN vs The GOVERNMENT OF KHYBER PAKHTUNKHWA S — 2022 PLC(CS) 1335 PESHAWAR-HIGH-COURT

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SHER ZAMAN KHAN VS The GOVERNMENT OF KHYBER PAKHTUNKHWA S.12--- Khasadar Force (Absorption in the Khyber Pakhtunkhwa Police) Rules, 2019, R. 7---Constitution of Pakistan, Art. 199---Terms and conditions of service of Khasadar Force---Scope---Petitioners being Khasadars/Sepoys were ordered to be retired from service on attaining the age of 50 years---Contention of petitioners was that after promulgation of 25th Constitutional Amendment, Federally Administered Tribal Areas (FATA) had merged in the Province of Khyber Pakhtunkhwa; that all laws of the Khyber Pakhtunkhwa had been extended to FATA; that to regulate and maintain the Khasadar Force, the Government of Khyber Pakhtunkhwa had promulgated the Khyber Pakhtunkhwa Khasadar Force Act, 2019, (the Act) for re-constitution, regulation and maintenance of Khasadar Force; that in pursuance of S. 5 as well as R.3 of the Khasadar Force (Absorption in the Khyber Pakhtunkhwa Police) Rules, 2019, all members of the Khasadar Force of a certain district were absorbed with effect from the date of their initial appointments; that they were informed that on attaining the age of 50 years as Khasadar, they had been retired from service and that since an age of 60 years had been provided for civil servants of the Province of Khyber Pakhtunkhwa as the date of superannuation, therefore, their age of superannuation was to be considered as 60 years instead of 50 years---Validity---Section 13(2)(a) of the Act provided that existing terms and conditions of service of the Khasadar Force unless amended through a substitute rules or instrument, would not be affected by promulgation of the Act or any provision thereof, unless specifically provided otherwise---Rules were framed under S. 10 of the Act but the new rules had not totally repealed the earlier rules---Rule 7 of the Khasadar Force (Absorption in the Khyber Pakhtunkhwa Police) Rules, 2019, provided that all rules, orders or instructions, in force in respect of the Khasadar Force immediately before the commencement of the Rules would be deemed to have been repealed, so far as those rules, orders or instructions were inconsistent with the new rules---Earlier rules also held the field except in cases of inconsistency with the new rules---No period of retirement had been provided in the new rules---Age of retirement given in the earlier rules was 50 years of age or twenty five years of service, whichever was earlier---Constitutional petition was dismissed. Head Notes

SHER ZAMAN KHAN vs The GOVERNMENT OF KHYBER PAKHTUNKHWA S — 2022 PLC(CS) 1335 PESHAWAR-HIGH-COURT

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