Case Details

Citation(s)
2019 SLG 1664 2019 SLD 1664 2019 MLD 1268
High Court (AJ&K)
Writ Petition No. 450 of 2018, decision Dated: 18-02-2019
AZHAR SALEEM BABAR, JUSTICE
Petitioner(s) by: Kh. Imtiaz Ahmad Ahmed
Respondent(s) by: Raja Ayyaz Ahmed, Assistant Advocate General

SYED MANZOOR HUSSAIN SHAH AND 5 OTHERS

VS

AZAD GOVERNMENT OF THE STATE OF JAMMU AND KASHMIR THROUGH CHIEF SECRETARY, MUZAFFARABAD AND 4 OTHERS

Law: Azad Jammu and Kashmir Interim Constitution Act, 1974

Section: 15(4),44

Law: Azad Jammu and Kashmir Legislative Assembly Members Pension Fund Act, 2008

Section: 1

Law: Azad Jammu and Kashmir Legislative Assembly (Salaries, Allowances, Privileges and Pension of the Members) Act, 2014

Section: 2(ff),12B,12C

(a) Azad Jammu and Kashmir Interim Constitution Act (VIII of 1974)--- ----S. 44---Azad Jammu and Kashmir Legislative Assembly (Salaries, Allowances, Privileges and Pension of the Members) Act, 2014, Ss.12-B, 12-C & 2(ff)---Azad Jammu and Kashmir Legislative Assembly Members Pension Fund Act, 2008, S. 1---Writ petition---Members of Azad Jammu and Kashmir Legislative Assembly---Payment of pension---Scope---Petitioners were not Members of Welfare Fund nor they paid any contribution there to---Petitioners could not claim pension in circumstances---Writ petition was dismissed accordingly. Mohabat Khan and 77 others v. Road Transport Board, N.W.F.P Peshawar and 4 others 1993 SCMR 833; Akhtar Munir v. Secretary Home and Tribal Affairs KPK, Peshawar and 8 others 2016 MLD 999; Suleman Daud v. Lahore Development Authority 2008 CLC 1251 and Rafiq Ahmed Tahir v. House Building Finance Corporation and another 2001 YLR 38 ref. Azad Government of the State of Jammu and Kashmir. and others v. Haji Summandar Khan and others 1995 MLD 1350 and Shams Din v. Aman Ullah and 3 others PLD 1987 Lahore 471 rel. (b) Interpretation of statutes--- ----Retrospectivity of statute---Statute could not be construed to have a retrospective operation unless such a construction appear in the terms of the Act. Zila Council Jehlum through District Coordination Officer v. Messrs PakistanTobacco Company Ltd. and others PLD 2013 SC 398 and Zakaria H.A. Sattar Bilwani and another v. Inspecting Additional Commissioner of Wealth, Range-II, Karachi 2003 SCMR 271 rel. THIS JUDGMENT DELIVERED BY: M. TABASSUM AFTAB ALVI, C.J.--- The supra titled writ petition has been addressed under Article 44 of the Azad Jammu and Kashmir Interim Constitution, 1974, whereby following prayer is made:-- "i. That the petitioners may very graciously be declared eligible/ entitled to grant of pension as Former Members, of Legislative Assembly like other Members who are receiving the Pension under Section 12-C of the AJ&K Legislative Assembly (Salaries, Allowance Privileges and Pension of the Members) Act, 1975. ii. That respondents be directed to make necessary amendments according to the orders of the worthy Prime…
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