Law: Constitution of Pakistan, 1973

Section: 199

Constitution of Pakistan, 1973-- ----Art. 199--Appointment as senior English teacher--Promotion as S.S.--Predecessor of petitioner was diagnosed HVC positive--Absence from duty--Issuance of show-cause notice--Removal from service--Appeal--Death during pendency of appeal--Filing of appeal by LRs--Returned due to lack of jurisdiction--Entitlement for pensionary benefits--Cause of action--Question of--Whether a civil servant, who is removed dismissed from service, and challenges said penalty before competent forum, would death of civil servant during such proceedings abate legal action--Concealment of material fact--Principle of proportionality--Deputy Director Establishment, through Letter had apprised worthy Secretary Education Department regarding said illness of predecessor of petitioners s have also placed on file various medical prescriptions reflecting gravity of ailment of their predecessor during relevant period--Grant of pension to a civil servant, on attaining age of superannuation or after qualifying required length of service, is state bounty, duly regulated through rules known as West Pakistan Civil Servants Pension Rules, 1955--Predecessor of petitioners was removed from service and he died shortly after filing an appeal against impugned order before Service Tribunal--Proceedings before appellate forum, had same been decided in his favour, would have definitely had a direct effect on his service and in case of his death during service, his LRs would have been obviously entitled for pensionary benefits--This Court has reached inevitable conclusion that death of predecessor of present petitioners would not abate cause of action of present petitioners to challenge impugned order of removal of their predecessor from service to extent of getting pensionary benefits--Record placed on file shows that predecessor of petitioners had served department for 26/27 years with an unblemished record but could not perform his duties, for just five (05) months, as he was seriously ill, having been diagnosed positive for HCV--His medical condition was known to respondent/department  , while placing file before worthy Chief Secretary for appropriate action, had…

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