Law:

Section:

Constitution of Pakistan, 1973-- ----Arts. 9(2) & 212--Entitlement to pensionary benefit--Civil servant was retired from Pakistan Army--Entitlement to grant of civil pension but was refused by appellant--Jurisdiction--Legality--Civil servant approached Wafaqi Ombudsman who accepted his prayer--Establishment Division being aggrieved of the order of High Court, filed appeal--Mohtasib cannot accept for investigation any complaint by or on behalf of a public servant or functionary relating to Agency--Matter relating to terms and conditions a proper forum was available--Respondent was having a good case on merits, passed an effective order which may be favourable to respondent, but respondent has divulged himself in litigation courses which were not available to him under law--Mohtasib had wrongly assumed jurisdiction while entertaining the complaint of respondent when matter comes before the Court--Order conveniently may be ignored and order being without jurisdiction and without lawful authority--Appeal was accepted. [Pp. 793 & 794] A & B Judgment Mian Shakirullah Jan, J.--Federation of Pakistan through Establishment Division, by leave of the Court, has impugned the judgment of the Lahore High Court, Rawalpindi Bench, Rawalpindi, whereby while accepting writ petition filed by the respondents it was held that respondent having retired from Pakistan Army on 5.7.1987 would be deemed to have been inducted in civil service of Pakistan from the said date and having earned/qualified service was entitled to the grant of civil pension and the refusal by the appellant to grant it to the respondent was declared without lawful authority. 2. A brief resume of the case is that the respondent while serving as Brigadier in Pakistan Army was posted on secondment in the President's Secretariat on 31.12.1985 as Director General/Joint Secretary. On his retirement from the Army he was inducted in the Secretariat Group of Civil Service of Pakistan w.e.f. 19.4.1989 wherefrom he retired on 9.2.1998 having remained in Civil Service for a period of less than 10 years and was found to be not entitled to pensionary benefits. However, subsequently the retirement of the respondent…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492