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PHC Decision Regarding Retirement Age 60 Years

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The Peshawar High Court Peshawar (Judicial Department) issued Judgment sheet of the increasing age of the retirement of the Government employees in the province of Khyber Pakhtunkhwa. The PHC Decision Regarding Retirement Age 60 Years on 19-02-2020. You can read the full details on the judgment copy, however summary are as under:

 

PHC Decision Regarding Retirement Age 60 Years

 

  1. Through this single judgment, we propose to dispose of instant Writ Petition as well as connected Writ Petitions No. 5606-P, 5940-P/2019 & 13-76-P2020 as common questions of law and facts are involved therein.
  2. The petitioners, in all the Writ Petitions, seek issuance of an appropriate writ declaring the Khyber Pakhtunkhwa Civil Servants (Amendment) Act, 2019 as illegal and against the spirit of Constitution of Islamic Republic of Pakistan, 1973.
  3. Petitioners of Writ Petition No. 5673-P/2019 are Prosecution Officers in the Province of Khyber Pakhtunkhwa, whose services are governed through Khyber Pakhtunkhwa Civil servant Act 1973, West Pakistan Civil Services Pension Rules 1963 and derived their power and function through Khyber Pakhtunkhwa Prosecution (Constitutional Powers and Functions) Act, 2005. Similarly, Petitioner of Writ Petition No. 5606-P/2019 is a young and emerging Advocate practicing in this Hon’ble Courts. Likewise, Petitioners of Writ Petition No. 5940-P/2019 are serving as Primary School Teachers in different Govt. Primary Schools across Khyber Pakhtunkhwa and petitioner of Writ Petition 1376-P/2020 is young and unemployed candidate having Master Qualification in Islamiat and M.A Quranic Studies along with PTC and B.Ed. According to the Petitioners, under the Civil Servants Act, 1973, the age of retirement, under the Civil Servants Act, 1973, the age of retirement was fixed as sixty (60) years, however, recently, the Provincial Assembly of Khyber Pakhtunkhwa Civil Servants (Amendment) Act, 2019, whereby not the age of retirement from Sixty  (60) years to sixty-three (63) years was fixed as fifty-five (55) years by omitting the provision of qualifying service of twenty-five (25) years; hence, the instant Writ Petitions.

 

More Details of Judgment Sheet

 

In view of the above, the instant as well as connected writ petitions are allowed by declaring the impugned writ petitions are allowed by declaring the impugned Khyber Pakhtunkhwa Civil Servants (Amendment) Act, 2019 as ultra vires of the Constitution of Islamic Republic of Pakistan, 1973, in terms quoted above. The incumbents who got retired at their actual date of retirement in reference to 60 years would stand retired from that date. Their pensionary benefits would be calculated till that date; However, under the law of locus poenitentiae the salaries so received thereafter would not be recovered, as they have worked during the said period.

 

Special thanks to Mr. Hamid Hussain for sending the copy of the judgment sheet of PHC Decision Regarding Retirement Age 60 Years.

 

PHC Decision Regarding Retirement Age 60 Years

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