Citation Name: 2023 PLC(CS) 1383 PESHAWAR-HIGH-COURTBookmark this Case MUHAMMAD SAEED vs GOVERNMENT OF KHYBER

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Citation Name: 2023 PLC(CS) 1383 PESHAWAR-HIGH-COURTBookmark this Case MUHAMMAD SAEED VS GOVERNMENT OF KHYBER PAKHTUNKHWA art. 371-a---Civil Services Pension Rules, Rr. 2.2 & 2.3---Khyber Pakhtunkhwa Civil Servants act (XVIII of 1973), Ss.4 & 19, provisos 2 & 3 [as added by Khyber Pakhtunkhwa Civil Servants (amendment) act, 2013]---Contract appointment regularized later---Pensionary benefits ---Eligibility criteria ---Scope---Contention of the petitioner ( widower) was that the services rendered on contractual side (fixed pay) by her late wife could be calculated towards her regular service for completing qualifying service for the purpose of pensionary benefits---Validity---Pensionary benefits, in view of art. 371-a of Civil Service Regulations, 1960, in juxtaposition with Rr. 2.2 & 2.3 of the Civil Services Pension Rules as well as Ss. 4 & 19 of Khyber Pakhtunkhwa Civil Servants act, 1973, could not be availed without completion of 10 years qualifying service after regularization of employee, as in such case the services rendered by him/her on contract/fixed pay could not be added/counted (for pensionary benefits)---Record revealed that the deceased wife of the petitioner had not fulfilled the said eligibility criteria (i.e. 10 years qualifying service ) independently till her death after her regularization, therefore , the services rendered by her on contractual side /fixed pay, could not be added to her regular service for pensionary benefits---Constitutional petition was dismissed, in circumstances. Citation Name: 2023 PLC(CS) 1383 PESHAWAR-HIGH-COURTBookmark this Case MUHAMMAD SAEED VS GOVERNMENT OF KHYBER PAKHTUNKHWA S.4---Constitution of Pakistan, Art. 199---Constitution petition filed by legal heir (widower) of the deceased civil servant---Maintainability---Record revealed that the deceased (late wife of the petitioner) was a regular civil servant---Petitioner, being the legal heir could not seek his remedy from the Tribunal constituted under the provisions of Khyber Pakhtunkhwa Service Tribunals Act, 1974 , thus constitutional petition was rightly filed by him before the High Court---Constitutional petition filed by the petitioner being widower of the deceased civil servant was maintainable.

Citation Name: 2023 PLC(CS) 1383 PESHAWAR-HIGH-COURTBookmark this Case MUHAMMAD SAEED vs GOVERNMENT OF KHYBER PAKHTUNKHWA art — 2023 PLC(CS) 1383 PESHAWAR-HIGH-COURT

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