Partial preview of the text
Download SRS3 63 AMENDMENT NOTIFICATION and more Cheat Sheet Law in PDF only on Docsity!
a (3) SR. | QUERIES VIEWS ole FINANCE DEPAR’ IT na NO. 4 Iv. | Either retiring pension on | “Retirement” is one of the terms & conditions FT completion of 25 years’ qualifying | service and is to be regulated under the provisions | service is admissible in terms of | of the Punjab Civil Servants Act, 1974 & rules | Rule 3.5 of the Punjab Civil | made thereunder. Any rule(s) inconsistent with the Services Pension Rules which has | provisions of the act ibid shall be ultra vires in terms | not yet been amended or the | of Section 23(2) thereof. Therefore, Rule 3.5 of the conditions imposed in the Punjab | Punjab Civil Services Pension Rules (copy Civil Servants Act, 1974 through | enclosed) and conditions imposed in the Punjab | The Punjab Civil Servants | Civil Servants Act, 1974 through The Punjab Civil (Amendment) Ordinance 2021 | Servants (Amendment) Act, 2021 are to be read in | (XXII of 2021) are enforceable i.e. | conjunction with each other and cannot be taken in | | premature retirement after twenty | isolation. Hence, qualifying service of 25 years OR five years’ qualifying service OR | attaining 55 years of age, whichever is later, is on attaining the age of 55 years, | required for proceeding on retiring pension. | whichever is later. | Withdrawal of retirement orders | Retirement orders issued under Rule 3.5(Note-I) of | once issued need relaxation ofrules | the Punjab Civil Services Pension Rules from the Competent Authority i.e | (copy enclosed) in normal conditions require Chief Minister in terms of Para 1(b) | relaxation of the rules ibid by the Competent of Finance Department’s letter | Authority ie. the Chief Minister. However, any bearing No.FD.SR.III-4-151/2011, | retirement order issued on or after 03.05.2021 in dated 29,02.2012(copy enclosed). | violation of The Punjab Civil Servants | Whether it can be cancelled | (Amendment) Act, 2021 will be processed in the | without seeking relaxation of rules | light of Section 20 of the Punjab General Clauses | from the competent authority. Act, 1956 (copy enclosed) which provides as | under: “An authority who passes an order can vary, | amend, add to or rescind that order. It is not a principle of law that order once passed becomes irrevocable and it is passed and closed transaction. If the order is illegal, perpetual ! rights cannot be gained on the basis of that L | | illegal order.” ) 4. Further course of action may be taken accordingly. 3 / aoa \ (ABDUL RAUF | DEPUTY SECRETARY (SR) NO. & DATE EVEN: . ) A copy is forwarded for information and necessary action to: Is The Accountant General, Punjab, Lahore wart. his letter bearing No.PEN-I/Coord/Coord Finance/HM-2340, dated 15.10.2 2 All District Accounts Officers in the Punjab 3, Treasury Officer, Lahore NO.&DATE EVEN: i All Additional Secretaries of Finance Department. ( Z; A copy is forwarded to System Analyst, Governmep Department for uploading on Departmental Website. Scanned with CamScanner 
