MUHAMMAD YUNAS vs PROVINCE OF THE PUNJAB S — 2023 PLC(CS) 444 LAHORE-HIGH-COURT-LAHORE

Case information

Citation: 2023 PLC(CS) 444 LAHORE-HIGH-COURT-LAHORE
Court: Lahore High Court
Year: 2023
Reporter: PLC
Parties: MUHAMMAD YUNAS vs PROVINCE OF THE PUNJAB S
Subject matter: Service
Provisions referred to: S. 12---R; S. 12

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

Judgment text as reported

MUHAMMAD YUNAS VS PROVINCE OF THE PUNJAB S.12---Retirement from service---amendment in law---Retrospective effect---Scope---Petitioner assailed order passed by respondent whereby his retirement order was recalled with the direction to rejoin his official duty in terms of amendment made in S.12 of the Punjab Civil Servants act, 1974, through the Punjab Civil Servants (amendment) act, 2021---Validity---Retirement order of the petitioner had been issued prior to promulgation of the Punjab Civil Servants (amendment) act, 2021---Punjab Civil Servants (amendment) act, 2021, did not apply retrospectively to the case of the petitioner---When the Legislature through an enactment altered the rights of parties by taking away or conferring any right of action, such amendment did not affect pending actions, unless provided in express terms within the enactment---General rule of common law was that the statute changing the law ought not to affect past events, unless the intention appeared with reasonable certainty to be understood as applying to facts or events that had already occurred in such a way so as to confer or impose or otherwise effect rights or liabilities which the law had defined with reference to the past events---Constitutional petition was allowed and the impugned order was set aside.

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2023 PLC(CS) 860 SUPREME-COURTAMANULLAH KHAN VS HOSPITAL DIRECTOR, KTH (MTI), PESHAWAR Upgradation of a post---Scope---In order to justify the upgradation, the Government…

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