Law:

Section:

Service Tribunals Act (LXX of 1973)---------S.4---Constitution of Pakistan (1973), Arts.4, 5(2), 199 & 212--- General Clauses Act (X of 1897), S.24-A---Constitutional petition--­Grant of pension---Duty and obligation of public functionaries---Inaction of Authorities---Civil servant after his retirement submitted his pension papers to the Authorities, but Authorities having not finalized case of civil servant on one pretext or the other, civil servant filed Constitutional petition alleging that he was penalized by inaction of the Authorities--­Maintainability of the petition was challenged in view of bar contained in Art.212 of the Constitution---Validity---Despite bar contained in Art.212 of the Constitution read with S.4 of Service Tribunals Act, 1973, High Court had ample jurisdiction to give directions to public functionaries to act in accordance with law in view of Art.4 of the Constitution while exercising its powers under Art.199 of the Constitution---Duty and obligation of public functionaries to decide representation of their subordinates without fear, favour and nepotism within reasonable time--­Nobody should be penalized by inactions of public functionaries-- -Public functionaries were obliged to act in accordance with law which was the mandate of Constitution in view of Art.5(2) of the Constitution---Person who entered in Government service had also something to look forward after his retirement, to what were called retirement benefits, grant of pension was most valuable of such benefits---Pension like salary of a civil servant was not a bounty, but was a right acquired after putting in satisfactory service for the prescribed minimum period ---Authority concerned was directed to decide appeal/representation of civil servant strictly in accordance with law after providing him proper hearing within specified period. H.M. Rizvi's case PLD 1981 SC 612; Messrs Airport Support Service v. The Airport Manager, Karachi Airport 1998 SCMR 2268; Zain Yar Khan v. Chief Engineer C.R. and others 1998 SCMR 2419; Government of the N.-W.F.P. v. Muhammad Said Khan and another PLD 1973 SC 514; Ahmad Lateef Qureshi v. Controller of Examinations PLD 1994 Lah. 3 and…

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