Law: Constitution of Pakistan, 1973

Section: 199

Law: Khyber Pakhtunkhwa Service Tribunals Act, 1974

Section: 4

SUMMARY Court allowed a writ petition filed by Muhammad Sadiq and Ghani Ur Rahman, retired employees of the Education Department, challenging recoveries made by the respondents based on a withdrawn policy (Finance Department letter dated 06.11.2001). The court held that the withdrawal of the policy (letter dated 13.01.2000) couldn`t be applied retrospectively to divest vested rights, and the respondents couldn`t recover benefits already drawn by the petitioners. The court directed the respondents to stop further recoveries, refund amounts already deducted, and treat the Selection Grade granted to the petitioners as valid for pension and post-retirement benefits. 📚 LAWS & SECTIONS USED 🏛️ Constitutional Law Article 199 – Constitutional jurisdiction (Writ Petition) 📘 Service / Administrative Law Khyber Pakhtunkhwa Service Tribunal Act, 1974 – Section 4 📄 Executive / Policy Instruments Finance Department Notification 13.01.2000 (Selection Grade Policy) Finance Department Notification 06.11.2001 (Policy Withdrawal) ⚖️ LEGAL PRINCIPLES APPLIED Doctrine of Locus Poenitentiae Doctrine of Vested Rights Principle of Prospective Operation of Law Doctrine of Legitimate Expectation Rule against Retrospective Recovery Principle that pension is a vested right, not bounty Doctrine of Administrative Finality Principle of Fairness in Service Jurisprudence 🧾 2-WORD DESCRIPTION OF CASE 👉 Illegal Recovery JUDGMENT  The petitioners have filed this petition under Article 199 of the Constitution of the Islamic Republic of Pakistan, 1973, seeking the following reliefs: “It is, therefore, humbly prayed on acceptance of this writ petition, this hon'ble court may graciously issue: direction to the respondent No.4 to refund the amount already deducted/recovered from petitioner No.1 and also retain the annual increments already granted to them on the strength of letter dated 13.01.2000. that the respondent No.4 be restrained to deduct/recover the amount Rs. 3, 37,723/- from petitioner No.2 on the strength of alleged letter dated 06.11.2001. it is further prayed the letter dated 06.11.2001 be declared illegal, against the right of…