Lahore: Lahore High Court (LHC) has declared null and void withdrawal of its order by forest department regarding retirement of employee on medical grounds besides restoring the right of employee.
Justice Shireen Imran declared that the acquired legal rights cannot be withdrawn later. Negative decision without hearing the employee runs contrary to the principle of natural justice.
Justice Shireen Imran issued 8 pages decision on the petition of one Muhammad Akram.
The petitioner Muhammad Akram had challenged the Forest Depatment decision on withdrawing his retirement on medical grounds in LHC.
Justice Shireen Imran wrote in her decision several legal consequences in the favor of the petitioner had taken birth after implementation of retirement order. Therefore, the department could not abolish the acquired rights by withdrawing its decision later.
The petitioner told the court he was retired on medical grounds by the department on June 18, 2021 through June 30, 2021 order. He was declared disqualified for performing duty under category B after his medical check up. He was given the right of encashment of LPR for 365 days.
According to petitioner Forest department withdrew his retirement order after about one year on June 24, 2022. The department took this step on the clarification by finance department on August 24, 2021. While his retirement orders were issued before the clarification of finance department. His legal rights were generated due to implementation of order.
The court maintained that several decisive measures including appointment of son of the petitioner after his retirement under rule `17-A of Punjab civil servants rules were taken . In this situation the already acquired legal rights cannot be abolished on the basis of clarification given later.
LHC maintained that the Forest department order for withdrawing the retirement order issued on June 24, 2022 was not in line with legal norms. Therefore, it cannot be maintained.
The court maintained that opportunity for his effective defence be provided to a person before affecting his rights of employment or other legal interests.
The court while approving the petition of Muhammad Akram nullified the controversial order of the Forest department and restored the previous order issued on June 30, 2021 regarding retirement on medical grounds.