Law: Azad Jammu and Kashmir Interim Constitution Act, 1974

Section: 42(11)(12)

(a) Azad Jammu and Kashmir Interim Constitution Act (VIII of 1974)---   ----S. 42(11)(12)---Civil service---Medical allowance---Validity---Entitlement to---Appeal to Supreme Court---Syndicate of the University decided that in lieu of medical facility, the university employees would receive medical allowance 15% of their initial pay subject to minimum of Rs.125 and maximum of Rs.250 per month---Said facility was extended to university pensioners vide notification---Subsequently Vice-Chancellor of the University cancelled said notification of grant of medical allowance---Writ petition filed against order of Vice-Chancellor was dismissed by the High Court, but Supreme Court struck down notification whereby the Vice-Chancellor had cancelled grant of medical allowances holding that Vice-Chancellor had no power to withdraw the notification issued by the Syndicate---Employees, in the light of of Supreme Court, submitted the medical allowance bill to the Director Finance of the University, who refused to make payment; whereupon they filed separate writ petitions---High Court accepted said writ petitions and directed the. University Authorities to pay medical allowance--Pensioners/respondents had vested right to receive benefit of medical allowance and right once accrued could not be withdrawn arbitrarily---Pensioners having already been declared entitled to receive the medical allowance filing the writ petitions at later stage for enforcement of that right, would not affect their vested right---Medical allowance facility which was sanctioned in favour of the pensioners/respondents, was a part of pensionary benefit---Once it became due it had to be paid to the pensioners and question of limitation or laches would not arise at all---Appeals were dismissed.     Raja Shoukat Mehmood v. Azad Jammu and Kashmir Government through its Chief Secretary Civil Secretariat Muzaffargarh and another 2003 PLC (C.S.) 424; Mir Abdul Hamid v. Azad Government and 2 others 1997 PLC (C.S.) 805; Ejaz Ahmad Awan and 5 others v. Syed Manzoor Ali Shah and another 1999 PLC (C.S.) 1439; Rao Solat Yasin Khan v. Director-General, Federal Directorate of Education, Islamabad and 2…

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