Clarification Regarding Retirement at 25 Years Service or 55 Years Age
Kindly refer to your letter bearing No.Pen-1/Coord/Coord.Finance/HM-2154 dated 08-09-2021, on the noted above, the case has been examined and the reply to the observations raised by the District Accounts Officers, Bahawalpur is as under:
|1.||Either the retiring pension on 25 years qualifying service is admissible in term of Rule 3.5 of the Punjab Civil Service Pension Rules which has not yet been amended o the conditions imposed in the Punjab Civil Servants Act, 1974 through Ordinance are enforceable “Twenty Five Years qualifying service or on attaining the age of 55 Years.”||“Retirement” is one of the terms & conditions of service and is to be regulated under the supervision of the Punjab Civil Servants Act, 1974 & rules made thereunder. Any Rule(s) inconsistent with the provisions of the act ibid shall be ultra vires in terms of Section 23(2) thereof. Therefore, Rule 3.5 of the Punjab Civil Services Pension Rules and conditions imposed in the Punjab Civil Servants act, 1974 through Punjab Civil Servants (Amendment) Ordinance 2021 (XXII of 2021) read in conjunction with each other and cannot be taken in isolation of each other which means that there will be required qualifying service of 25 years or an attaining 55 years age, whichever is later till the Ordinance is in the field or the same is converted into Law through an amendment by the Assembly.|
Withdrawal of Retirement Orders Once Issued
|2.||Withdrawal of Retirement Orders once issued needs of relaxation of rules from the Competent Authority i.e. Finance Department.||Retirement Orders issued under Rule 3.5(Note-1) of the Punjab Civil Services Pension Rules in normal conditions require relaxation of the rules ibid by the competent authority i.e. the Chief Minister. However, in the instant case District Police Officer, Bahawalpur issued retirement order of M/S Muhammad Faqeer, Constable, and Abdul Ghaffar, Constable (having 25 Years’ service but they had not attained the age of 55 years). This is a violation of the Punjab Servants (amendment) ordinance 2021 (XXII of 2021) (copy enclosed).
Therefore, District Police Office, Bahawalpur may proceed with the case in the light of Section 20 of the Punjab General Clauses Act, 1956 (copy enclosed), according to which an authority who passes an order can vary, amend, add to or rescind that order. It is further added that it is not a principle of law that order once passed becomes irrevocable and it is passed and enclosed transaction. If the order is illegal, perpetual rights cannot be gained on the basis of that illegal order