ARSHAD ALI vs FEDERATION OF PAKISTAN through Secretary I — 2023 PLC(CS) 371 LAHORE-HIGH-COURT-LAHORE

Case information

Citation: 2023 PLC(CS) 371 LAHORE-HIGH-COURT-LAHORE
Court: Lahore High Court
Year: 2023
Reporter: PLC
Parties: ARSHAD ALI vs FEDERATION OF PAKISTAN through Secretary I
Subject matter: Constitutional
Provisions referred to: S. 24-

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

ARSHAD ALI VS FEDERATION OF PAKISTAN through Secretary I.T. and Telecom, Islamabad S.24-a---Constitution of Pakistan, art.199---Constitutional petition---Speaking order---applicability---Voluntary Separation Scheme---Eligibility, determination of---Petitioner was aggrieved of refusal of authorities to grant him pension in terms of Voluntary Separation Scheme---Validity---Petitioner's qualifying length of service, under employees' eligibility criteria was mentioned as 20 years---Such pivotal aspect of matter was not appreciated by respondent authority in view of available record---Respondent authority did not properly exercise jurisdiction as no finding to such effect was rendered by him---Order in question was passed without appreciating the facts which did not fulfill requirements of speaking order within the contemplation of S.24-a of General Clauses act, 1897, which was binding upon public functionaries to dilate upon all aspects of matters presented before them while determining rights of parties---Respondent authority was to decide the matter after application of mind, with assigning cogent reasons and had to pass speaking order---High Court directed respondent authority to decide question of eligibility afresh and had set aside order in question---Constitutional petition was allowed accordingly.

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