Service Rules

Provincial. Government in exercise of powers under the provisions of S.40 of Punjab Small Industries Corporation Act, 1973, adopted the Punjab Civil Servants (Efficiency and Discipline) Rules, 1975, which were repealed by the Punjab Civil Servants (Efficiency and Discipline) Rules, 1999

Question was as to which of the two rules were applicable to the employees of the Corporation

Where the Authorities did not adopt the Punjab Civil Servants (Efficiency and Discipline) Rules, 1999, the same were not applicable to the employees of the Corporation.

Order about terms and conditions of civil servant could be vacated by ignoring or striking down a law if it was found to be invalid by Service Tribunal.

Appellant appointed as Projectionist on 3-4-1968 in BPS-8 and confirmed as such on 30-6-1981-Appellant was apprised in 1986 that his qualifications not being upto the standard prescribed in the Rules framed for his job, he could not be retained in service in BPS-8 and that he could opt for BPS-1

Held, Rules framed in 1986 could not be retrospective in effect and thus not applicable to the case of appellant

Law or the Rules are made for the benefit of its subject/employees and as such could not in any way affect the interest of the subject adversely, provided it was explicitly embodied in the rules that those were retrospective m nature

Authority directed to allow appellant to work as Projectionist in the circumstances.

WAPDA employee removed from service under S.17(1-A) of WAPDA Act and denied pensionary benefits by reason of amendment made in Rules with retrospective effect

Order set aside in appeal

Held: Employee having acquired a vested right to pensionary benefits could not be deprived of by a subsequent notification issued by WAPDA.