Case Details

Citation(s)
2024 SLG 2665 2024 SLD 2665 2024 PLC 1
Lahore High Court, Rawalpindi Bench, Rawalpindi
Intra Court Appeal No. 53 of 2021, heard on 23rd February, 2023.Date of hearing: 23rd February, 2023.
Before Sadaqat Ali Khan and Sultan Tanvir Ahmad, JJ
Sardar Abdul Raziq Khan for Appellant. Qazi Muhammad Nauman Sarwar, Assistant Advocate General for
Respondents.

ABDUS SALAM

VS

ASSISTANT COMMISSIONER, MURREE and 5 others

Law: Punjab Civil Servants Act, 1974 

Section: 18

Law: Constitution of Pakistan, 1973

Section: 199,212

Punjab Civil Servants Act (VIII of 1974)--- ----S.18---Constitution of Pakistan, Arts. 199 & 212---Pension, recovery of---Intra Court Appeal---Terms and conditions of service---Constitutional jurisdiction of High Court---Scope---Appellant was aggrieved of order issued by respondent / authority stopping his pension after his retirement on attaining age of superannuation---Judge in Chambers of High Court in view of bar contained in Art. 212 of the Constitution, declined to exercise Constitutional jurisdiction---Plea raised by appellant was that after retirement he ceased to be a 'civil servant', therefore, bar of Art. 212 of the Constitution did not apply---Validity---Pension was one of the terms of service of a civil servant, though it started with retirement---Pension formed part of those terms and conditions to which civil servant joined the service---Question of jurisdiction of High Court was different from the question whether the respondent/authority had correctly withheld the pension of appellant---Latter aspect of the matter was always to be considered, in such cases, by the forum having jurisdiction to adjudicate upon matters---Question of delay, on account of pursuing remedy before High Court could also be seen by competent forum for which guidelines were available in number of judgments of Supreme Court---Division Bench of High Court declined to interfere in the matter as Judge in Chambers of High Court correctly appreciated the law on the subject---Intra Court Appeal was dismissed, in circumstances. Mst. Islam Bibi v. Government of Pakistan through Secretary State and Frontier Regions Division, Islamabad and 3 others 2022 PLC (C.S.) 1196; Mst. Chandni Asad v. Federation of Pakistan and others 2020 PLC (C.S) 96; Sher Zaman Ex-Assistant Excise and Taxation Officer (B-16) v. Board of Revenue Balochistan (Excise and Taxation Branch) through Member Board of Revenue-II/Secretary Excise and another 2020 PLC (C.S) 969; Syed Raza Mehdi Baqari v. Province of Punjab through Secretary LG and CD Department and 2 others 2016 PLC (C.S) 1046; Abdul Wali v. WAPDA through its Chairman and others 2004 SCMR 678; Ehsan-ul-Haque v. Executive Engineer, Ahmadpur Canal…
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