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2023 PLC(CS)N 11 PESHAWAR-HIGH-COURT

Case information

Citation
2023 PLC(CS)N 11 PESHAWAR-HIGH-COURT
Court
Peshawar High Court
Year
2023
Reporter
PLC
Subject matter
Constitutional

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

MUHAMMAD OWAIS VS GOVERNMENT OF PAKISTAN through Ministry of National Food Security and Research, Islamabad Revised Family Assistance Package, 2014---Retrospective applicability ---Petitioner's father died on 05-07-2013; Question was that petitioner was appointed as Naib Qasid under (previous) Family Assistance Package, 2006, whereas he was supposed to have been appointed under revised Family Assistance Package, 2014 (Office memorandum dated 20th October, 2014)---Authorities contended that revised Family Assistance Package, 2014 was held in abeyance vide an order dated 09-01-2015 having retrospective effect---Held, that revised Family Assistance Package, 2014 was effective from 15-06-2013, so when petitioner's father died in service as well as the day petitioner was appointed against the post, the said package was in field and was effective---Plea of the respondent (regarding order of holding of the revised package in abeyance) was neither legal nor justified as the said order could not be made applicable retrospectively---Authorities had failed to justify its claim---High Court declared the petitioner a permanent employee under the revised Family Assistance Package, 2014 till the time the same was held in abeyance and he was also held entitled for back benefits---Constitutional petition was allowed, in circumstances.

Other judgments reported in 2023 PLC

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