1988 PLC(CS) 114

ORDER

1. 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).

2. 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.

3. 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.

4. Every legislation and Judge‑made law will take effect from the date when it is announced, unless its makers specify otherwise.

5. 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.

6. M.Y.H./61/Sr.N Appeal dismissed.