| Citation(s) |
|---|
| 2002 SLG 1704 2002 SLD 1704 2002 PLC 106 |
Sindh High Court
Constitutional Petition No.lS-910 of 1999, decision dated: 7-02-2001.
SABIHUDDIN AHMED AND ZAHID KURBAN ALAVI, JJ
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Constitutional Petition No.lS-910 of 1999, decision dated: 7-02-2001.
SABIHUDDIN AHMED AND ZAHID KURBAN ALAVI, JJ
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MUNAWAR MIRZA
VS
FEDERATION OF PAKISTAN, MINISTRY OF DEFENCE through Secretary, Islamabad and another
Law:
Section:
(a) Civil service------- Retirement before attaining the age of sixty years-- -Entitlement for foreign posting allowance---Civil servant who was retired before attaining the age of sixty years pursuant to policy decision, was entitled to certain payments from the date of retirement to the date of reaching the sixty years of age---Civil servant who was paid his salary and termination benefits in accordance with policy, had claimed foreign posting allowances which he was receiving before his retirement on account of being posted in a foreign country---Validity---Civil servant was entitled to receive foreign posting allowance only on account of the factum of his posting abroad and if he would be recalled for any reason he would cease to be entitled to such payment---Civil servant who was retired before attaining age of sixty years under the policy, could not claim said allowance on his retirement as in that period he was not posted abroad. (b) Sindh Service Tribunals Act (XV of 1973)--- ----S. 4---Constitution of Pakistan (1973), Arts.199 8a 212---Constitutional petition---Departmental appeal filed by civil servant having not been decided within a reasonable time, civil servant was at liberty to move the competent Service Tribunal for redressal of his grievance---Departmental appeal having not been decided within ninety days, civil servants, instead of moving the Service Tribunal, kept on waiting for almost two years---No case for interference of High Court in its Constitutional jurisdiction was made out--Constitutional petition was dismissed. Gohar Iqbal for Petitioner. Amir Malik for Respondent No.2. ORDER The petitioner was employed in the respondent-Corporation and was retired before attaining the age of 60 years pursuant to policy decision reflected in Admin. Order 15 of 1997 dated 31-10-1997. Under the aforesaid order the petitioner was entitled to certain payments from the date of retirement to the date of reaching 60 years of age according to the following provisions:-- "2. The competent Authority has, therefore, decided to introduce and implement a 'Mandatory Scheme' to immediatedly retire, all such employees (except Pilots and Flight Engineers) who…
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