Law:

Section:

(a) West Pakistan Civil Servants Pension Rules, 1963--- ----Rr. 5.7 & 5.8---Retirement of employee---Pension, sanction of---Procedure---Slackness and mala fide of public functionaries---Effect---Employee stood superannuated but her pension case was not finalized despite expiry of one year---Effect---Pension was not a bounty or an ex-gratia payment but a right acquired in consideration of past services---Pension of a retired government employee had to be sanctioned one month in advance of the due date of his retirement and final payment order must be issued not more than a fortnight in advance thereof---Pension was a vested right and a legitimate expectation of a retiring civil servant---Such being a right could not be arbitrarily abridged or reduced except in accordance with law---Petitioner-employee had successful completed service tenure---No departmental inquiry was either pending or was in the offing---Employee had not contributed towards delayed finalization of her pension case---Nothing was on record as to why the pension case of employee was not finalized despite passage of nearly one year---Mala fide on the part of officials was on record---Functionaries were responsible for slackness and concealment of fact on their part---Employee had suffered agony for a long period without their being any fault on her part---Criminal proceedings as well as action for contempt of of Supreme Court could be initiated against the authorities---Constitutional petition was allowed with costs of Rs.100,000/- which should be paid to the employee by the Government within specified period---Government could recover the said amount from the concerned department. Secretary, Government of Punjab, Finance Department and 269 others v. M. Ismail Tayer and 269 others 2015 PLC (C.S) 296 and Haji Muhammad Ismail Memon, Advocate PLD 2007 SC 35 rel. (b) Civil service--- ----Pension, sanction of---Scope and procedure---Pension was not a bounty or an ex-gratia payment but a right acquired in consideration of past services---Pension of a retired government employee had to be sanctioned one month in advance of the due date of his retirement and final payment order must be issued not…

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