Law:

Section:

Pakistan Water and Power Development Authority (Pension) Rules. 1977--R. 7(iv) [as amended]---West Pakistan Water and Power Development Authority Act (XXXI of 1958), S. 17(1-A)---Pensionary benefits--­Entitlement ---Vested right---Employee under the existing R. 7(iv) of Pakistan Water and Power Development Authority Rules, 1977 having acquired a vested right to the pensionary benefits, could not be deprived of such right by a subsequent notification issued by WAPDA. WAPDA v. Irtiqa Rasool Hashmi and another 1987 SCMR 359 applied. Government of West Pakistan v. Nasir M. Khan PLD 1965 SC 106; Province of the Punjab v Kamaluddin PLD 1983 SC 126; Water and Power Development Authority v. Irtiqa Rasool Hashmi and another 1987 SCMR 359; Riazuddin v. Chairman, P.I.A. Corporation PLD 1992 SC 531 and WAPDA v. Sikandar Ali Abro 1988 SCMR 137 ref. WAPDA v. Sikandar Ali Abro 1988 SCMR 137 distinguished. JUDGMENT SAIDUZZAMAN SIDDIQUI, J.---The above appeal with the leave of this Court is filed by Water and Power Development Authority (WAPDA) Lahore, against the judgment of Federal Service Tribunal, dated 19-12-1992 partly accepting the appeal filed by the respondent and directing the appellant to settle the claim of respondent within next three months under the relevant rules. 2. The respondent joined WAPDA as Accounts Assistant in 1961 and was promoted to Grade-16 in 1964. He later joined the Mechanized Construction of Pakistan Limited WAPDA in 1968-69 and after having served for about 12 years he rejoined WAPDA on 9-4-1981. He was removed from the service by the appellant under section 17(1-A) of WAPDA Act (hereinafter to be referred to as 'the Act'). He challenged his removal under section 17(1-A) of the Act first before the Federal Service Tribunal but his appeal was dismissed on 14-12-1982 on the ground of limitation. His further appeal before this Court also failed when it was dismissed on 24-4-1988. Having failed to get the order of his removal set aside, the respondent applied for pensionary benefits in accordance with the rules of WAPDA. Having failed to get redress from the departmental authority, he approached once again the Service Tribunal through Service Appeal…

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