1988 PLP (C (PLC(CS))
MUHAMMAD SALEH Versus SECRETARY TO GOVERNMENT OF N.‑W.F.P., FOREST DEPARTMENT and another
| Citation | 1988 PLP (C (PLC(CS)) |
| Forum / Court | Service Tribunal Peshawar N.‑W.F.P. |
| Bench Members | Malik Muhammad Pervez, Chairman |
| Parties | MUHAMMAD SALEH Versus SECRETARY TO GOVERNMENT OF N.‑W.F.P., FOREST DEPARTMENT and another |
| Primary Law | (b) Interpretation of statutes‑‑ |
Q1: What are the key laws and sections cited in 1988 PLP (C (PLC(CS))?
This judgment primarily cites: (b) Interpretation of statutes‑‑ as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1988 PLP (C (PLC(CS))?
The case was heard and decided by the Service Tribunal Peshawar N.‑W.F.P. bench comprising: Malik Muhammad Pervez, Chairman.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1988 PLP (C (PLC(CS)) (MUHAMMAD SALEH Versus SECRETARY TO GOVERNMENT OF N.‑W.F.P., FOREST DEPARTMENT and another). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Headnotes / Summary
(a) North‑West Frontier Province Service Tribunals Act (I of 1974)‑‑ ‑‑S.4‑‑North‑West Frontier Province Civil Servants Act (VIII of 1973), S. 13(i)‑‑Compulsory retirement‑‑Appellant retired from service under S. 13 (i) of North‑West Frontier Province Civil Servants Act,1973 long before pronouncement of decision of Shariat Appellate Bench of Supreme Court to the effect that said provision of Act was repugnant to injunctions of Islam‑‑Decision also not given retrospective effect by said Court and order of retirement was a close chapter when judgment was passed‑‑Appeal against order of retirement of appellant, held, was not competent. Pakistan v . Public at Large P L D 1987 S C304 ref. ‑‑‑Retrospectivity, principle of‑‑Every legislation and judge‑made law, held, would take effect from date when it was announced unless its maker specified otherwise.
Judgment & Decree
Pakistan v . Public at Large P L D 1987 S C304 ref. (b) Interpretation of statutes‑‑- ‑‑‑Retrospectivity, principle of‑‑Every legislation and judge‑made law, held, would take effect from date when it was announced unless its maker specified otherwise. Appellant Muhammad Saleh (Retired Office Assistant) of the office of the Chief Conservator of Forests, Government of N.‑W.F.P., Peshawar was compulsorily retired vide office order No.173 dated 30‑1‑1980. He assailed the impugned order, in the light of the decision given by the Worthy Shariat Appellate Bench of the Supreme Court of Pakistan in appeal filed by the "Government of Pakistan v. Public at large" and published in PLD June, 1987 to August 1987 (from page 304 to page 392). According to him his compulsory retirement from service was against the principles of natural justice and repugnant to the injunctions of Islam. as nobody can be deprived of his livelihood in the grab of public interest, without service of notice. I have gone through the said judgment carefully and have come to the conclusion that it does not apply to the case in hand as every enactment /decision of the Parliament and superior Courts is prospective in effect and cannot be given the retrospective force, unless declared so by the said forum. The present was a close chapter when the judgment was passed and it cannot be re‑agitated after a period of more than 7 years. Every legislation and Judge‑made law will take effect from the date when it is announced, unless its makers specify otherwise. On the basis of the above discussion I have come to the conclusion that the appeal fails and it is hereby dismissed in limine File be consigned to the Record Room. M.Y.H./61/Sr.N Appeal dismissed.