CHIEF EXECUTIVE OFFICER, PESHAWAR ELECTRIC AND POWER COMPANY (PEPCO) vs SAJEEDA BEGUM S

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CHIEF EXECUTIVE OFFICER, PESHAWAR ELECTRIC AND POWER COMPANY (PEPCO) VS SAJEEDA BEGUM S. 3---Constitution of Pakistan, Arts. 199 & 212---Constitutional jurisdiction of High Court---Scope---Water and Power Development Authority (WAPDA)---Widow of deceased employee of WAPDA filed a constitutional petition before the Islamabad High Court claiming benefit of Prime Minister's Assistance Package of 2014---High Court allowed the said Constitutional petition---Held, that WAPDA had, of its own volition, and according to its own rules, granted its employees an assistance package similar in spirit to the Prime Minister's Assistance Package of 2014---WAPDA had internally assessed the compensation the widow was entitled to and had compensated her accordingly---Such assessment was never challenged by the widow before WAPDA or any competent forum, and the matter had, for all intents and purposes, attained finality---WAPDA's own assistance package had been approved by Competent Authority in WAPDA and then passed on to the Federal Government which accorded its approval before the funds were disbursed, therefore, in principle, it would be unconscionable for an employee of any department (or his widow) to benefit from two Assistance Packages if, after availing a department's indigenous Assistance Package (which had already been sanctioned and approved by the Competent Authority and the Federal Government), he/she subsequently sought a direction for grant of another (better) Federal Assistance Package---Even if the widow were to challenge the matter, the relevant forum would have been the relevant Service Tribunal since the Assistance Package would have formed part of the terms and conditions of service of the deceased employee---Therefore, adjudication of the matter by the High Court would have been subject to the constitutional bar under Article 212 of the Constitution---Petition for leave to appeal was converted into appeal and allowed, and impugned judgment of High Court was set-aside.

CHIEF EXECUTIVE OFFICER, PESHAWAR ELECTRIC AND POWER COMPANY (PEPCO) vs SAJEEDA BEGUM S — 2022 SCMR 2058 SUPREME-COURT

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