| Citation(s) |
|---|
| 2022 SLG 1232 2022 SLD 1232 2022 PLC 695 |
Peshawar High Court
Writ Petition No.841-B of 2020, decision dated: 01-12-2020, hearing date:01-12-2020
MUSARRAT HILALI, JUSTICE SAHIBZADA ASADULLAH, JUSTICE
Petitioner(s) by: Ahmad Farooq Khattak
Respondent(s) by: Umar Farooq, Additional Advocate General
Writ Petition No.841-B of 2020, decision dated: 01-12-2020, hearing date:01-12-2020
MUSARRAT HILALI, JUSTICE SAHIBZADA ASADULLAH, JUSTICE
Petitioner(s) by: Ahmad Farooq Khattak
Respondent(s) by: Umar Farooq, Additional Advocate General
MEHERBAN KHAN
VS
GOVERNMENT OF KHYBER PAKHTUNKHWA THROUGH CHIEF SECRETARY KHYBER PAKHTUNKHWA PESHAWAR AND 8 OTHERS
Law:
Section:
(a) Civil service--- ----Pensionary benefits---Scope---Petitioner sought release of his pensionary benefits---Validity---Petitioner had throughout worked and discharged his functions as Assistant Taxation Officer---Employment and retirement benefits were neither a bounty nor largess, but the same had to be earned by performing the assigned job and discharging the prescribed duties, which criteria the petitioner had fully met to the satisfaction of his superior/employers---Petitioner having been notified as Assistant Taxation Officer and having served for a long span of time could not be denied his perks and privileges as such---Payments of such perks, privileges and benefits were also protected under the doctrine of legitimate expectancy, as in the circumstances the petitioner was wholly justified in expecting such payments---Constitutional petition was allowed and the employers were directed to release the pension of petitioner. (b) Civil service--- ----Pensionary benefits---Scope---Pension is a retirement benefit, paid regularly based generally on the length of service of a pensioner---It is a series of periodic money payments made to a person who retires from employment because of age, disability, or the completion of an agreed span of service---Payments generally continue for the remainder of the natural life of the recipient or to a widow or any other survivor, as the case may be. H.R.C. No.40927-S of 2012 (PLD 2013 SC 823) ref. Ghulam Sadiq v. Government of Pakistan 2005 PLC (C.S.) 1114; Pakistan Telecommunication Employees Trust (PTET) v. Muhammad Arif 2015 SCMR 1472; Secretary, Government of Punjab, Finance Department v. M. Ismail Tayer 2015 PLC (C.S.) 296 and I.A. Sharwani and others v. Government of Pakistan and others 1991 SCMR 1041 rel. (c) Civil service--- ----Pension---Scope---Right to a pension may be made to depend upon such conditions, as the grantor may see fit to prescribe. Ghulam Sadiq v. Government of Pakistan 2005 PLC (C.S.) 1114; Pakistan Telecommunication Employees Trust (PTET) v. Muhammad Arif 2015 SCMR 1472; Secretary, Government of Punjab, Finance Department v. M. Ismail Tayer 2015 PLC (C.S.) 296 and I.A. Sharwani and others v.…
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