| Citation(s) |
|---|
| 2021 SLG 2787 2021 SLD 2787 2021 PLC 919 |
Sindh High Court
Constitutional Petition No.D-3840 of 2020, decided on 13th October, 2020, Date of hearing: 13th October, 2020.
NADEEM AKHTAR, JUSTICE, ADNAN-UL-KARIM MEMON, JUSTICE
Syed Ansar Hussain Zaidi for Petitioner. Altamash Arab along with Kanwar Mohsin Ali Khan, Senior Manager (Admn.) KTR-II, PTCL for
Respondent.
Constitutional Petition No.D-3840 of 2020, decided on 13th October, 2020, Date of hearing: 13th October, 2020.
NADEEM AKHTAR, JUSTICE, ADNAN-UL-KARIM MEMON, JUSTICE
Syed Ansar Hussain Zaidi for Petitioner. Altamash Arab along with Kanwar Mohsin Ali Khan, Senior Manager (Admn.) KTR-II, PTCL for
Respondent.
GHULAM HUSSAIN
VS
PAKISTAN TELECOMMUNICATION EMPLOYEES TRUST THROUGH MANAGING DIRECTOR AND DIRECTOR PENSION, ISLAMABAD AND 2 OTHERS
Law:
Section:
Civil service--- ----Pension, deduction in---Scope challenged the action of department whereby it was deducting certain amount of sum from his pension on account of rent---Validity---No amount on account of rent could have been deducted from petitioners pension---Department undertook to refund the amount illegally deducted from the petitioners pension and from other retired employees---Constitutional petition was allowed. ORDER NADEEM AKHTAR, JUSTICE:---.--- The grievance of the petitioner, who is a retired employee of respondent No.2 / PTCL, is that pension has not been / is not being paid to him in accordance with law as substantial amounts have been / are being deducted therefrom illegally by the respondents on account of rent. Vide order dated 19.08.2020 while ordering notice on this petition, respondents were directed to submit a statement before this Court showing the amount payable to the petitioner towards his pension and the amount deducted therefrom. In compliance of the aforesaid order, a statement was submitted on 17.09.2020 by respondent No.2 confirming that an amount of Rs.8,040.00 is being deducted since the year 2015 on monthly basis from the petitioners pension. In view of the above statement, it was observed by this Court on 17.09.2020 that the above deduction by the respondents on account of rent is illegal and as such they are liable to refund the entire amount, so deducted, to the petitioner. On that date, respondent No.2 was directed to submit a statement before this Court on the next date of hearing showing the entire amount deducted by respondents 1 and 2 on account of rent from the pension of all their retired employees ; and on 24.09.2020, respondent No.2 was further directed to submit an undertaking before this Court that rent shall not be deducted by PTCL in future from the pension of any retired employee. Mr. Altamash Arab advocate files power on behalf of respondent No.2, which is taken on record. In compliance of order dated 24.09.2020, statement dated 13.10.2020 has been submitted by learned counsel for respondent No.2 along with a statement / list containing the names of all those retired employees of…
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