Government of Khyber Pakhtunkhwa, Establishment & Admn: Department (Regulation Wing) has issued Notification No. SO(Policy)E&AD/1-13/2019 dated 16-03-2020 in connection with Amendment Civil Servants Act 2019 hence Retirement Age 60 Years KPK Employees instead of 63 years. Detail is as under:
Retirement Age 60 Years KPK Employees Instead of 63 Years
I am directed to refer to the subject noted above and to state that Peshawar High Court Peshawar judgment dated 19.02.2020 passed in WP No.5673-P/2019 titled “Malik Zaheer-ur-Din & Orders Vs Government of Khyber Pakhtunkhwa” declared the Khyber Pakhtunkhwa Civil Servants (Amendment) Act, 2019 as ultra vires of the Constitution of Islamic Republic of Pakistan 1973 and directed that 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 poentientiae the salaries so received thereafter would not be recovered, as they have worked during the said period.
- I am further directed to state that immediate necessary action may be taken in the light of above referred judgment of the Peshawar High Court and retirement cases of officers/Officials of your respective departments may be processed w.e.f. 31-07-2019 subject to final outcome of the CPLA in the Supreme Court of Pakistan. Processing and calculation of pension may be finalized In the light of dates provided for in the above mentioned judgment.
- Matter may be treated as most urgent.
Special thanks to Mr. Hamid Hussain who sent the copy of the Amendment Civil Servants Act 2019 for retirement age for the Khyber Pakhtunkhwa Government Employees. For the information of KPK Employees, earlier the Government extended the retirement age from 60 to 63 years. Later on they decided to again bring to previous age. Peshawar High Court also gave decision regarding retirement age sixty years. Now Government of Khyber Pakhtunkhwa has implemented the court orders.