Law:

Section:

General Financial Rules------- R.117(1), Vol.1---Constitution of Pakistan (1973), Arts. 199 & 212---Civil service---Constitutional petition ---Maintainability---Recovery of amount from pensionary benefit---Civil servant who was to retire on attaining the age of superannuation, remained working even after superannuation for about eleven months without objection from the Authority, but Authority on finalization of his pension case, recovered the amount of salaries drawn by him during the said period of eleven months from pensionary benefits of civil servant---Validity---Civil servant having worked during the period of eleven months without any objection from the Authority, there was no justification for Authority to effect recovery of amount from the pensionary benefits of civil servant---Nothing was on file to demonstrate that civil servant had a hand in the affair and that he had approached the High Court with unclean hands disentitling him to discretionary and equitable relief provided under Art. 199 of the Constitution---Jurisdiction of High Court to entertain a Constitutional petition at the instance of a civil servant, was not ousted in respect of all matters, but ouster was limited to only those cases which could be taken up by Service Tribunal---Recovery in question had been effected without issuing notice to the civil servant---Non-issuance of notice had certainly prejudiced the interest of civil servant---Order recovering amount from pensionary benefits of civil servant, was declared to be illegal and without lawful authority and of no legal effect by the High Curt, in exercise of its Constitutional jurisdiction with direction to pay the recovered amount to civil servant. PLD 1992 SC 207 and I.A. Sherwani v. Government of Pakistan through Secretary, Finance Division, Islamabad and others 1991 SCMR 1041 ref. Amanullah Khan for Petitioner. Sardar Shaukat Hayat. D.A.-G. for Respondents. Date of hearing: 20th June, 2003. JUDGMENT IJAZ-UL-HASSAN, J.---Noor Ahmad Shah petitioner feeling aggrieved of order No.4786 dated 15-6-2001, whereby an amount of Rs.33264 has been recovered from salaries drawn by the petitioner, has invoked Constitutional jurisdiction…

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