1. MUHAMMAD YAQUB ALI, J.-Faizullah Khan, petitioner, joined the service of Municipal Committee, Multan, in 1940. He was promoted as Secretary in 1955 and continued to serve in that post till 1964 when he was absorbed as Chief Officer in-- Local Council Service under the West Pakistan Local Councils and Municipal Committees Service Rules, 1963. He attained the age of 55 years on 19-2- 1967 whereupon the Municipal Committee recommended to the Provincial Government for his extension in his service up to the completion of 60th year of age. The request was refused by the Provincial Government and the petitioner was retired from service with effect from 14-3-1967.
2. The petitioner called in question the decision of the Provincial Government in a writ petition in the High Court inter alia on the ground that under rule 8(c) of the Local Council Service Rules, 1963, the terms and conditions of his service could not be less favourable from the terms and conditions permissible to him immediately before 6-4-1964 when he was absorbed in Local Council Service.
3. There is no provision in the West Pakistan Local Council and Municipal Committees Service Rules, 963, under which the petitioner was to continue in service till the attainment of 60th year of age. In fact under the terms and conditions applicable to him when he joined the service of the Municipal Committee, Multan, in 1940, be was to retire from service on the completion of 55th year of age. The petitioner, however, relied on a letter from the Secretary to the Government of West Pakistan, Health, Welfare and Local Government Department, dated the 31st August 1960, addressed to Divisional Commissioner (Annexure A/1) that the instructions contained in the letter of the Additional Chief Secretary dated the 20th August 1960 (Annexure A/2) regarding age of superannuation applicable to Government servants will mutatis mutandis apply in cases of employees of Municipal Committees. In this letter the Additional Chief Secretary had conveyed to all Secretaries, all Heads of attached Departments and Commissioners of Divisions and others that the Government had decided to raise the age of superannuation from 55 to 60 years with effect from 22nd June 1960, subject to the condition that the competent authority would scrutinize the cases of officers at two stages, namely, when they complete 25 years qualifying service and when they reach the age of 55 years. As rules were being framed to implement the decision of the Government, instructions were given that all officers are being retained in service `on the express condition that they shall be subject to all the restrictions that may be laid down in the final orders'.
4. In pursuance of the above quoted decisions of the Govern--ment the West Pakistan Local Councils and Municipal Committees (Further Usefulness in Service) Rules were framed in 1963. Rules 3 and 5 laid down : "3. Notwithstanding anything contained in the Fundamental Rules, the Civil Service Rules (Punjab), the Sind Civil Service Rules Manual, the N.-W. F. P. Civil Service Regulations, the Bahawalpur State Civil Service Regulations and the Khairpur State Civil Service Rules, but subject as hereinafter provided, the date of compulsory retirement of a person to whom these rules apply shall be the date on which he attains his sixtieth birthday: Provided that nothing in this rule shall affect any term or condition of service applicable to any person who, immediately before the 8th June 1962, was entitled to retire before attaining the age of sixty years.
5. (1) The Committee shall, upon reference under sub-rule (1) of rule 4, examine the case, giving the person concerned an opportunity of being heard.
(2) Where the Committee considers that the person whose case has been referred to it be compulsorily retired it shall with all reasonable despatch make its recommendations together with reasons therefore.
(3) Where the Committee considers that no action is called for against the person whose case has been referred to it, further proceedings against him shall be dropped."
5. Under rule 8 if the appropriate authority was, on receiving the recommendation of the Review Committee and hearing the servant concerned, not satisfied as to the further usefulness in service of such person, retire him after the completion of twenty-five years of qualifying service of completion of fifty-fifth year of age. There was thus no unqualified extension in the age of superannuation of the petitioner under the aforementioned rules when he was absorbed in Local Council Service in 1964. He had not yet completed 55th year of his age when the 1963-Rules were superseded by the West Pakistan Local Councils Rules and replaced by the Municipal Committees (Retirement) Rules, 1966. In the circumstances the 1963-Rules did not confer on him a vested right to continue in service till the completion of 60th year of his age. The principal ground raised in support of the petition for leave to appeal thus fails.
6. We also concur in the view expressed by the High Court that the right, if any, created by the 1963- Rules to continue in service up to the completion of 60th year could be taken away by the rule- making authority under section 21 of the General Clauses Act which provides: "21. Where, by any Central Act or Regulation, a power to issue notifications, orders, rules, or bye-laws is conferred, then that power includes a power, exercisable in the like manner and subject to the like sanction and conditions (if any), to add to, amend, vary or rescind any notifications, orders, rules or bye-laws so issued."
7. The second ground raised by the learned counsel for the petitioner is thus equally without any force.