Law: Pension Regulations, Volume-I (Armed Forces), 2010

Section: 3(a)(2),32,33

Law: Constitution of Pakistan, 1973

Section: 4,199

Pension Regulations Vol-I (Armed Force), 2010-------Reglns. 3(a)(2), 32 & 33---Constitution of Pakistan, Arts. 4 & 199--Constitutional petition---Pension---Deficiency in qualifying service, condonation of---Non-speaking order---Petitioner after having been retired from service compulsorily from the rank of 2nd Lieutenant sought condonation of deficiency in his qualifying service for pension---Such relief was regretted being not covered under the Rules and Regulations in vogue---Validity---It is inalienable right of every citizen to be treated in accordance with law as envisaged by Art. 4 of the Constitution, thus, it is the duty and obligation of every public functionary including the respondent to act within the four corners of the mandate of the Constitution and pass a speaking order---Constitutional petition was allowed, in circumstance, while setting aside the impugned order and the matter was remitted back to respondent for decision afresh strictly in accordance with the Reglns. 3(a) (2), 32 & 33 of the Pension Regulations Volume I (Armed Forces) 2010 through a speaking order by providing proper hearing to petitioner.Mollah Ejahar Ali v. Government of East Pakistan and others PLD 1970 SC 173 and Town Committee, Piplan v. Muhammad Hanif and others 2008 SCMR 723 rel.ORDERJAWAD HASSAN, J.---Through this second Writ Petition under Article 199 of the Constitution of Islamic Republic of Pakistan, 1973, the Petitioner has raised his voice against inaction of the concerned authority/Respondent on the issue of his pension.2.    At the outset, Mr. Inam-ul-Rahiem, ASC, with permission of the Court has amended the prayer clause of this Petition, with red ink, in the following manner:"The order dated 17.03.2023, passed by the Secretary Defence may please be set aside as it violtes Chapter 1 of Common Provisions, declaration 3(a)(2) of the Pension Regulation (Armed Forces) 2010."3.    Brief facts of the case are that the Petitioner, aged about 91 years, joined the Pakistan Army as a boy in the year 1949 in the Corps of Signals. On 21.12.1951 he was granted the rank of soldier/Sepoy. After attaining the requisite…