Law: Punjab Civil Servants Act, 1974 

Section: 16,18

(a) Punjab Civil Servants Act (VIII of 1974)--- ----Ss.16 18---Punjab Civil Services Pension Rules, 1963---Employee having embraced Shahadat while performing duty---Payment of salary and allowances to the legal heirs of Shaheed---Locus poenitentiae, principle of---Applicability---Pay and pension---Scope---Salary and allowances of Shaheed employee with increments were allowed in favour of legal heir of the deceased till date of superannuation---Department stopped salary of petitioners Shaheed father on the ground that he was not entitled to receive the same in view of Punjab Civil Services Pension Rules, 1963---Validity---Department had granted approval for payment of last pay and allowances drawn by Shaheed official for the remaining period of service up to the age of superannuation---Executive had prerogative to make policy but retrospective application of said policy curtailing vested rights accrued in favour of an aggrieved person was not plausible was receiving salary and allowances of his Shaheed father and a vested right had accrued in his favour which could not be taken away through impugned notification---Effect of a notification taking away certain rights would start from the date of its issuance---Notification issued in exercise of executive powers could not be operated retrospectively---Once a right had been created by extending benefit after complying with codal formalities then same could not be destroyed or withdrawn---Pay was different and distinct subject from pension and it could not be treated as pension for the purpose of its disbursement to family of a Shaheed---Authorities were directed to disburse full pay and allowances to the petitioner till the date of superannuation of his Shaheed father with increments and with full benefits of revised rates of all pay and allowances as allowed by the Government from time to time along with the arrears---Constitutional petition was allowed, accordingly. Jawaria Maqsood v. Joint Admission Committee for Medical Colleges through Chairman and 3 others 2017 YLR 1571; Al-Noor Sugar Mills Limited and another v. Federation of Pakistan and others 2018 SCMR 1792; Malik Muhammad Hashim Awan and another v. Chief…

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