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PARVEEN RANI vs CHIEF EXECUTIVE OFFICER Regularization of service — 2022 PLC(CS) 338 LAHORE-HIGH-COURT-LAHORE

Case information

Citation
2022 PLC(CS) 338 LAHORE-HIGH-COURT-LAHORE
Court
Lahore High Court
Year
2022
Reporter
PLC
Parties
PARVEEN RANI vs CHIEF EXECUTIVE OFFICER Regularization of service
Subject matter
Constitutional
Provisions referred to
Service Act

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

PARVEEN RANI VS CHIEF EXECUTIVE OFFICER Regularization of service---Death of employee prior to regularization order---Pensionary benefits, entitlement to---Scope---Petitioner's husband was appointed as (Elementary School Educator) (ESE) on contract basis---During interregnum period, Punjab Regularization of Service Act, 2018, was promulgated---As a result, the case of petitioner's husband was submitted before the District Education Officer but prior to approval of the matter by the Competent Authority, husband of the petitioner died---Notification regarding regularization of services of certain ESEs was issued but name of the petitioner's husband was missing---District Education Officer through impugned letter declined the request of petitioner on the ground that since her husband had died during collection of data, he was not entitled for regularization---Validity---Prior to death of petitioner's husband, he was found to be fit for regularization but the matter could not be decided by District Education Officer for which husband of petitioner could not be held responsible---Nobody could be prejudiced due to the act of the public functionaries and a person who was found eligible for any benefit was entitled to it from the date when the same accrued to him---Though other terms and conditions of the service of a civil servant abated upon his death but not the peculiar benefits to which the legal heirs would become entitled---Constitutional petition was accepted.

Other judgments reported in 2022 PLC

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