MUHAMMAD RAFIQ vs VICE-CHANCELLOR, ALLAMA IQBAL OPEN UNIVERSITY art — 2023 PLC(CS) 1143 ISLAMABAD

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MUHAMMAD RAFIQ VS VICE-CHANCELLOR, ALLAMA IQBAL OPEN UNIVERSITY art. 9---Civil service---Release of pensionary benefits---Scope---Petitioner sought direction to the department to release additional pensionary benefits---Claim of additional pensionary benefits was based on an Office Memorandum issued by the Finance Department according to which an additional benefit to the extent of 2% of gross pension for each extra year of service beyond 30 years of qualifying service subject to maximum 10% of pension shall be paid---Petitioner had claimed that the department had received pension contribution from his previous department but had not released the same to him---Validity---Department despite having received the amount (proportionate share) from the previous department had not yet cleared the issue either by making payment to the petitioner or to return the same, as the case might be, by following the rules on the subject---Question of payment of pension, being related to right of life under article 9 of the Constitution could not be overlooked irrespective of the fact whether the service rules of an autonomous body were statutory or otherwise---Provision of pensionary benefits could not be kept in lurch for an indefinite period, under the law and even under the rules of the allama Iqbal Open University, it had to be decided expeditiously in accordance with rules---Writ petition was disposed of with direction to the department to decide the issue expeditiously. Citation Name: 2023 PLC(CS) 1143 ISLAMABADBookmark this Case MUHAMMAD RAFIQ VS VICE-CHANCELLOR, ALLAMA IQBAL OPEN UNIVERSITY art.199---Civil service---Constitutional jurisdiction of High Court---Scope---Where action of a statutory authority in a service matter is in disregard of procedural requirements and is violative of principles of natural justice, such action can be interfered with in writ jurisdiction. Citation Name: 2023 PLC(CS) 1143 ISLAMABADBookmark this Case MUHAMMAD RAFIQ VS VICE-CHANCELLOR, ALLAMA IQBAL OPEN UNIVERSITY art.199---Civil service---Constitutional jurisdiction of High Court---Scope---aggrieved person can invoke constitutional jurisdiction of High Court against a public authority if the act of such authority is violative of service regulations even if those are non-statutory.

MUHAMMAD RAFIQ vs VICE-CHANCELLOR, ALLAMA IQBAL OPEN UNIVERSITY art — 2023 PLC(CS) 1143 ISLAMABAD

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