Mst. FARAH NAZ vs FEDERATION OF PAKISTAN art — 2022 PLC(CS) 1266 KARACHI-HIGH-COURT-SINDH

Case information

Citation: 2022 PLC(CS) 1266 KARACHI-HIGH-COURT-SINDH
Court: Sindh High Court
Year: 2022
Reporter: PLC
Parties: Mst. FARAH NAZ vs FEDERATION OF PAKISTAN art
Subject matter: Civil

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

Judgment text as reported

Mst. FARAH NAZ VS FEDERATION OF PAKISTAN art.199---Constitutional petition---Laches---Voluntary Separation Scheme, legality of---Scope---Petitioner was a widow of erstwhile employee of respondent, who during his tenure had opted for Voluntary Separation Scheme, however, through present petition she sought direction to the respondent to pay bonus, farewell grant, burial charges, benevolent fund and group insurance amount---Validity---Voluntary Separation Scheme was a binding contract and nothing about its unconstitutionality was established nor was there any substance to render it as void under the Contract act, 1872---In the entire scheme of Pensions act, 1871 and rules there was nothing to prevent the employees from entering into a contract in bargain with their post retirement or pensionary benefits which they could have availed ---Present petition fell within the doctrine of laches as the cause of action had accrued approximately 04 years before filing of the petition---Petitioner was not deprived of her fundamental rights---Constitutional petition was dismissed.

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