Law:

Section:

Federal Treasury Rules---   ----R. 215---Finance Division Office Memorandum No.F-4(2)R-2/96, dated 12-8-2002---Civil Service Regulations, Regln.361---Constitution of Pakistan (1973), Art.199---Constitutional petition---Pay and allowances, recovery of---Petitioner was employee of National Construction Limited and his services were requisitioned by Senate Secretariat---Petitioner was directed to refund overpaid pay and allowances received by him during service---Validity---Employees of National Construction Limited were not civil servants and pay on appointment to a civil post under government was not protected under prescribed policy of Government circulated through Finance Division Office Memorandum No.F-4(2)R-2/96, dated 12-8-2002---National Construction Limited was not a pensionable organization although it had a contributory provident fund scheme for its retiring employees, therefore, service of petitioner rendered in National Construction Limited could not be counted towards pension in terms of Regln.361 of Civil Service Regulations---Overpaid pay and allowances could be recovered from petitioner under R.215 of Federal Treasury Rules---High Court declined to interfere in the demand made by authorities---Petition was dismissed in circumstances.    Chairman Minimum Wage Board Peshawar v. Fiaz Khan Khattak 1999 SCMR 1004; Chairman Selection Committee King Edward Medical College v. Wasif Zameer Ahmad 1997 SCMR 15; Abdul Hafeez Abbasi v. M .D., PIAC 2002 SCMR 1034; Abdul Samad v. Federation of Pakistan 2002 SCMR 71; Engineer Naraindas v. Federation of Pakistan 2002 SCMR 82 and Amjad Hussain v. Secretary Finance Division 1998 SCMR 1442 ref.   JUDGMENT DR. SAJID QURESHI, J.---Brief facts are that the petitioner was performing his duties in National Construction Limited (NCL) under the administrative control of the Ministry of Housing and Works since 22nd June, 1976, when the services of the petitioner were requisitioned by the Senate Secretariat from Ministry of Housing and Works, Government of Pakistan and terms and conditions of deputation were duly agreed and consented between the incumbent, Senate Secretariat/borrowing and lending…

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