Law:

Section:

(a) Constitution of Pakistan (1973)-------Art. 199---Constitutional petition-Imposition of penal rent---Possession under restraint order---Possession under restraint order not unlawful-Petitioner, a retired civil servant continued possession over official accommodation under injunctive order passed by High Court in constitutional jurisdiction---Constitutional petition disposed of and vacant possession of premises was handed over to the Department as per direction of the Court---Department stopped pension of petitioner to charge penal rent for petitioner's alleged unlawful occupation during pendency of stay order---Validity---Petitioner was permitted by High Court to continue with possession of Government residence under a restraint order---Stay granted in favour of petitioner was not vacated at any stage during proceedings even constitutional petition was disposed of on petitioner's own concession to vacate premises within a period of 3 months---Possession of petitioner over official accommodation in his occupation never became unauthorized or illegal, Department, in circumstances, could not deduct/adjust any penal rent under its policy. Sheikh Lutaf-ur-Rehman v. Government of the Punjab and others Writ Petition No.20833 of 1999 ref. (b) Words and phrases--- ----"Illegal"---Meaning---Dictionary/literal meaning of illegal is unlawful. Malik Saleem Chaudhary for Petitioner. Ch. Muhammad Sadiq, Addl. A.-G. with Khadim Hussain S.O. Litigation Welfare Wing for Respondents. ORDER MUHAMMAD MUZAMMAL KHAN, J.--- Instant constitutional petition prayed for a declaration that act of the respondents to stop the payment of petitioner's pension is illegal, void and of no legal consequence and they may be required to release his pension. 2. A short factual background of the case is that petitioner joined Judicial service as a Civil Judge, without doing P.C.S. (Judicial) and by passage of time he was promoted as Additional District and Sessions Judge, and gained superannuation age on 6-10-1997. He submitted an application to the Additional Chief Secretary Punjab for extension of his period of occupation of Government residence already in his possession (52-B, GOR-III) Shadman…

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