Case Details

Citation(s)
1992 SLG 806 1992 SLD 806 1992 PLC 417
Supreme Court of Pakistan
Civil Appeals Nos. 554 and 555 of 1990, decided on 11th December, 1991.
SHAFIUR RAHMAN AND RUSTAM S. SIDHWA, JJ

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PUNJAB EMPLOYEES SOCIAL SECURITY INSTITUTION, LAHORE

VS

MANZOORHUSSAIN KHAN and others PUNJAB EMPLOYEES SOCIAL SECURITY INSTITUTION, LAHORE vs MANZOORHUSSAIN KHAN and others

Law:

Section:

(a) West Pakistan Employees' Social Security Ordinance (X of 1965)-- ----S.4---Constitution of Pakistan (1973), Art.185(3)---Leave to appeal was granted to examine whether power to grant advance increments as an award was possessed by the Commissioner Social Security Institution and could not be revoked, once granted, by the Governing Body of the Institution. (b) Constitution of Pakistan (1973)--- ----Art.185---Law Reforms Ordinance (XII of 1972), S3---West Pakistan Employees' Social Security Ordinance (X of 1965), S.5---Appeal before Supreme Court---Competency---Employees of Social Security Institution---. Advance increments granted by the Commissioner Social Security Institution revoked by the Governing Body of the Institution---High Court in Constitutional jurisdiction declaring revocation of advance increments to be without lawful authority and of no legal effect---Validity--Appeal to Supreme Court---Competency---Preliminary objection to the competency of appeal filed in Supreme Court was raised on the ground that decision of Governing Body of Social Security Institution being not open to appeal, review or revision in any forum, intra-Court appeal was competent and respondent having not preferred same, appeal before Supreme Court was not competent---Such preliminary objection though technically had force, nevertheless, question involved on merits being substantially of law and also Fundamental Rights, such objection was not given effect to. (c) West Pakistan Employees' Social Security Ordinance (X of 1965)-- ----S.5---Revocation of advance increments by the Governing Body of Social Security Institution---Validity---There being policy decision of the Governing Body to the effect, to recognise and reward meritorious service by grant of honoraria and increments and financial allocation for that purpose having been enhanced, mere fact that Rules or Regulations on the subject were not framed would not mean that such recognition could not take place---Governing Body's decision to revoke advance increments on meritorious service granted by Commissioner, Social Security Institution was thus not valid being without lawful authority and of no legal effect. (d) West…
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