Case Details

Citation(s)
2022 SLG 1233 2022 SLD 1233 2022 PLC 833
Sindh High Court
Constitution Petition No.D-2307 of 2018, decision dated: 09-02-2021, hearing date: 09-02-2021
MUHAMMAD SHAFI SIDDIQUI, JUSTICE ADNAN-UL-KARIM MEMON, JUSTICE
Petitioner(s) by: Ikhtiar Ali Channa and Deedar Ali
Respondent(s) by: Ahmed Ali Ghumro

MUHAMMAD YAQOOB SOOMRO

VS

FEDERATION OF PAKISTAN THROUGH SECRETARY, PAKISTAN WATER AND POWER DEVELOPMENT, ISLAMABAD AND 4 OTHERS

Law: Constitution of Pakistan, 1973

Section: 199

Constitution of Pakistan--- ----Art.199---Civil service---Constitutional petition---Factual inquiry---Scope---Petitioner assailed issuance of impugned letter by authorities, whereby it deducted excessive withdrawal of pension amount---Contention of authorities was that excessive payment was made to the petitioner which was being deducted from his pensionary benefits---Validity---High Court, while keeping in view the contentions of parties, directed Nazir of the court to consult the provincial Accountant General, who was directed to depute an official to assist the official of the court to undertake the exercise of re-calculation of the pensionary benefits---Report submitted by the Nazir was objected to by the petitioner---High Court declined to make deliberation in numerical figures---Parties so aggrieved from the report could approach the court of plenary jurisdiction against calculation of the Nazir---Petition was disposed of in terms of the report of Nazir. ORDER: The Petitioner is seeking declaration to the effect that the impugned letter dated 14.12.2015 issued by Respondent-WAPDA, whereby they deducted excessive withdrawal of pension amount through difference and monthly bills from his pensionery benefits, being illegal and in violation of constitutional provisions. Petitioner further seeks declaration that he is entitled to all increases in pension accumulated for the last 15 years on a restored commuted portion of his pension. He also seeks determination and calculation of his pensionery benefits w.e.f. 12.7.2012 under law. 2. Brief facts of the case as per pleadings of the parties are that Petitioner stood retired from the service of Respondent-WAPDA as LS1-1, Sukkur Electric Power Company, Larkana (SEPCO) vide Notification dated 12.7.1997. After completion of statutory period of 15 years i.e. on 12.7.2012, he approached Respondents for restoration of 50% commuted portion of his Pension inclusive of all increases accrued thereon. The Petitioner claims that on 01.01.2012, he was regularly receiving monthly pension amount of Rs.12846.95, however, the Federal Government raised 20% increase of the net pension to vide O.M dated 2nd July, 2012. The…
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