NOTIFICATION FOR THE CLARIFICATION OF PENSION QUALIFYING SERVICE BY GOVT. OF SINDH
GOVERNMENT OF SINDH
SERVICES. GENERAL ADMINISTRATION to
SAY NO TO CORRUPTION
SUBJECT: NOTIFICATION FOR THE CLARIFICATION OF PENSION QUALIFYING SERVICE,
The Secretary to Govt. of Sindh, Finance Department, may kindly refer hc, his department’s letter 0.0 NO.FD(SR-II03-48/2017(A) dated 06.09.2017 on the abode sur,ed noted.
- In this connection, it is stated that the matter has been thoroughly re-e,– in consultation with the Law Department. The opinion tendered by the Law Department thee endorsement No.OP:5(89)/2015/1188 dated 26.9.2017, is reproduced as –
“This Department has re-examined the case and found that the opinion tendered by this Department vide pares-16/ante is fully lawful and needs no change as Section 13 (i) of the Sindh Civil Servants Act, 1973 (amended M 2001) specifies the length of qualifying service as twenty years instead of twenty five years. Since Rules cannot override an Act passed by the legislature rather they are required to be made / modified in consonance with the Act, it is the prime responsibility of the custodian of the relevant rules to get them modified. Even if this obligation is not fulfilled, the provision of the Act will override the un-amended Rules. Accordingly a Government employee can retire after serving twenty years of service as per above law. However, all relevant rules applicable in this regard need to be made consistent with the amended Sindh Civil Servants Act, 1973.”
- In view of the above, Finance Department, is requested to take further necessary action in the matter, as advised by the Law Department.
Phone No. +92-21-99222375
The Secretary to Govt. of Sindh / Finance Department,