Law: West Pakistan Civil Services Pension Rules, 1963

Section: R. 2.7/2.11(c),R. 2.11, R.2.7

Law: Constitution of Pakistan, 1973

Section: 9,185

West Pakistan Civil Service Pension Rules, 1963--

----R. 2.7/2.11(c)--Civil Servants (Efficiency and Discipline) Rules, 2020--Constitution of Pakistan, Arts. 9 & 185--Pensionary benefits--Constitution petition filed for pensionary benefits--Dismissed--Civil Servants after attaining age of superannuation and they may be allowed full pensionery benefits as provided under rules--Petitioner had performed his duty as a sanitary worker for 24 years, 05 months and 15 days while threshold for pension entitlement was 25 years--No show cause notice was ever issued nor any right, of personal hearing was afforded to petitioner and action was taken without any information or intimation to him--The payment of pensionary benefits are protected under law, rules and regulations even in private sector--Everyone who was responsible in any manner in delaying case of such retired officers/official or widows or orphan children for recovery of pension/ gratuity and G.P Fund has to be penalized--Case of petitioner would be processed for grant of pension and within three weeks payment would be made to him after adjustment of 811 earned leaves--Petition dismissed of.


PLD 1994 SC 693; PLD 2007 SC 35 ref.

West Pakistan Civil Service Pension Rules, 1963--

----R. 2.11--Good conduct--Good conduct is an implied condition of every kind of pension and the Government may withhold or withdraw a pension or any part of it if the pensioner be convicted of serious crime or be found to have been guilty of grave misconduct either during or after the completion of his service.

West Pakistan Civil Service Pension Rules, 1963--

----R. 2.7--Leaves--The authority which sanctions the pension may commute retrospectively periods of absence without leave into extraordinary leave--Rule 2.7 relates to leaves wherein it is clearly provided that all leave (other than extraordinary leave) counts as qualifying service for purposes of pension.

Constitution of Pakistan, 1973--

----Art. 9--Protection of Law--Constitution of the Islamic Republic of Pakistan, 1973 (“Constitution”), to enjoy the protection of law and to be treated in accordance with law is the inalienable right of every citizen

 

ORDER

Muhammad Ali Mazhar, J.--This Civil Petition for leave to appeal is directed against the Order dated 19.04.2023, passed by the learned High Court of Sindh, Sukkur Bench, in Constitutional Petition No. D-1289 of 2022, whereby the constitution petition filed by the petitioner for the relief of pensionary benefits was dismissed.