Law:

Section:

Constitution of Pakistan-------Art. 199---Constitutional petition---Petitioner, an ex-employee had challenged the letter, in constitutional petition on the ground that stoppage of his monthly pension in order to recover an amount of Rs.437,505 on account of indoor and outdoor medical facility availed by him was without jurisdiction and of no legal effect---Employer/ department contended that the petitioner had falsely claimed that. he was not serving anywhere or re-employed in any capacity after his retirement and was disentitled from any increase in the pension on such ground---Validity---Petitioner gave false undertaking during his re-employment, that he was not serving anywhere after his retirement and department on such declaration allowed him reimbursement---Such act of the petitioner was in violation of departmental Rules---Petitioner, during his re-employment had made a declaration to the effect that he was not re-employed anywhere after retirement, therefore the increase in pension @ 20% might be paid to him---False declaration and similar act while seeking re-imbursement of medical claim disentitled the petitioner from seeking any relief from the High Court---Petitioner had not approached to High Court with clean hands---Constitutional petition was dismissed by High Court. S.A.M. Wahidi v. Federation of Pakistan and others 2002 PLC (C.S.) 832 ref. Shahid Mahmood Aleem for Petitioner. Muzzaffar Ahmad Mirza for Respondents. ORDER MUHAMMAD FARRUKH IRFAN KHAN, J.--- Petitioner through this Constitutional petition under Article 199 of the Constitution of Islamic Republic of Pakistan, 1973 prays as under:--- "that writ petition may please be allowed and the respondents PCSIR may kindly be directed not to give effect to the impugned letter by deducting the pension of the petitioner being illegal. Further that operation of the impugned letter dated 18-3-2010 may please be suspended till the final disposal of the main petition in this honourable Court " 2. Briefly the facts of the case are that the petitioner after retirement on attaining the age of superannuation from respondent PCSIR got employment with the University of Education Lahore respondent No.4 for…

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