Law:

Section:

Civil service--- ----Withholding of pension due to pendency of criminal proceedings---Scope---Gratuity and pension were not bounties and an employee did earn these benefits by dint of his continuous and unblemished service---Pension could not be withheld during the pendency of departmental/criminal proceedings in absence of any provision in the Pension Rules---Receiving gratuity and pension had been treated as right to property as enshrined in Art. 9 of the Constitution and no person could be deprived of his property save by authority of law---Employee had been acquitted by a competent Court of law and there was no occasion with the authorities to withhold his pensionary benefits---Authorities were directed to make payment of pensionary benefits to the petitioner, in circumstances---Constitutional petition was allowed accordingly. Muhammad Ismail Memon: In the matter of PLD 2007 SC 35 rel. THIS JUDGMENT DELIVERED BY: ROZI KHAN BARRECH, JUSTICE:---.--- The instant Constitutional Petition, filed under Article 199 of the Constitution of Islamic Republic of Pakistan, 1973, carries the following prayer clause:- "It is therefore, respectfully prayed that this Honourable Court may be pleased to pass judgment in the following terms: a) to declare that the action of official respondents for withholding and non-payment of pensionary benefits to the petitioner are unjust, without lawful basis and jurisdiction. b) To direct respondents to make payment of pensionary benefit to the petitioner. c) To declare that the action of official respondents for non-payment of pensionary benefit is against the rules and regulation. d) To pass any other appropriate order, which this Honourable Court may deem fit and proper in the circumstances of the case, in the interest of justice." 2. Relevant facts for disposal of the instant petition appears that the petitioner Sher Zaman was performing his duties as Assistant Excise and Taxation Officer (B-16) in the Board of (Excise and Taxation Branch) Directorate of Excise and Taxation and Anti-Narcotics Balochistan, Quetta and retired from the service on 12.4.2018 on account of attaining the age of superannuation. He was refused his pensionary…

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