PROVINCE OF PUNJAB through Secretary, Primary and Secondary Healthcare Department, Lahore vs Syed MUHAMMAD ALI

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PROVINCE OF PUNJAB through Secretary, Primary and Secondary Healthcare Department, Lahore VS Syed MUHAMMAD ALI RAZA SHAH R.17-a---appointment of legal heirs of deceased or retired government servants---Subsequent omission of R.17-a, effect of---Judgments of the Supreme Court having retrospective effect on pending cases---Scope---Supreme Court judgments would apply retrospectively to all pending cases---Brief facts were that the Province of Punjab and other appellants filed Intra-Court appeals (ICas), challenging the judgment of a Single Judge in Chambers, which had allowed appointments under R. 17-a of the Punjab Civil Servants (appointment and Conditions of Service) Rules, 1974---These appointments were sought by legal heirs of deceased or retired civil servants prior to the omission of R.17-a, on 24.07.2024---The central issue of the matter was as to "whether the benefit of Rule 17-a of the Punjab Civil Servants (appointment and Conditions of Service) Rules, 1974, which allowed appointment of legal heirs of deceased or retired government servants, could be extended to those claimants whose appointment processes were pending or incomplete at the time the Rule was omitted on 24.07.2024, particularly in light of the Supreme Court's judgment in C.P.No.3390/2021 titled General Post Office, Islamabad v. Muhammad Jalal"---High Court had to determine as to "whether the Supreme Court's judgment declaring R. 17-a inapplicable to future appointments applied retrospectively to pending cases, or prospectively only to future claims"---Held: Judgments of the superior courts became applicable as and when announced over the pending proceedings until and unless their applicability was not categorically made prospective---Declarations made by the superior courts are operative retrospectively over all the pending situations which have not been finalized---The case of General Post Office, Islamabad and others (supra) was applicable retrospectively to the persons who had not been appointed till the omission of R. 17-a of the Rules, 1974 and their appointments were still in process---The persons who had taken benefit of R. 17-a of the Rules, 1974 till its omission dated 24.07.2024, that process would deem to be a past and closed chapter---To further classify and clarify the situation, the persons who could not get the benefit of R. 17-a of the Rules (omitted on 24.07.2024) and were in process and no final and decisive step had taken effect till the pronouncement of judgment passed in the case of General Post Office, Islamabad and others (supra) i.e. 18.10.2024, the judgment ibid would be applicable with retrospective effect---Judgments passed by Single Judge in Chamber was set aside and Intra-Court appeals were allowed, in circumstances.

PROVINCE OF PUNJAB through Secretary, Primary and Secondary Healthcare Department, Lahore vs Syed MUHAMMAD ALI RAZA SHAH R — 2025 PLC(CS) 931 LAHORE-HIGH-COURT-LAHORE

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