Law:

Section:

Islamia University Bahawalpur Act (IV of 1975)----- ----S. 43---Islamic University Employees (Pension) Statutes, 1979 --- Islamia University Bahawalpur Officers (Appointment) Statutes, 1977), ESTACODE, page 309, Instruction No.36---Constitution of Pakistan (1973), Art. 185(3)---Re-employment of employee---Entitlement to move-over, pension and other ancillary benefits---Leave to. appeal was granted by the Supreme Court to consider, whether re-employment constituted a bar for grant of pension, move-over and ancillary benefits in view of relevant provisions as contained in Islamia University Bahawalpur Act, 1975 and Islamic University Employees (Pension) Statutes, 1979; whether the provisions as contained in Islamia University Bahawalpur Act, 1975 and Islamic University Employees (Pension) Statutes, 1979, could be superseded by Instruction No.36 published in ESTACODE at page 309, which provided that a person who had been re-employed could take full benefits of service and pension; and whether High Court had ignored the relevant provisions of Islamia University Bahawalpur Officers (Appointment) Statutes, 1977, and resultantly the exact nature of service of respondents could not be determined having a substantial bearing to set the controversy at naught. ORDER JAVED IQBAL, J.---Two petitions (C.P. No.1148/2001 and C.P. No.1185/2001) for leave to appeal have been preferred on behalf of Islamia University Bahawalpur {petitioner in both petitions) assailing the judgment dated 22-2-2001 passed by learned Lahore High Court (Bahawalpur Bench) whereby judgment/decree dated 3-4-1993 passed by learned Additional District Judge, Bahawalpur, was kept intact dismissing the appeals of petitioners against judgment/decree dated 29-2-1992 passed by learned Civil Judge whereby the suit of respondent was decreed. The above-captioned two petitions involving common questions of law and facts are being disposed of by this-order. 2. Briefly stated the facts of…

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