Citation Name: 2023 PLC(CS)N 58 QUETTA-HIGH-COURT-BALOCHISTANBookmark this Case MUHAMMAD NAEEM KHAN vs GOVERNMENT OF BALOCHISTAN, COASTAL DEVELOPMENT AND FISHERIES DEPARTMENT, CIVIL SECRETARIAT, ZARGHOON ROAD, QUETTA — 2023 PLC(CS)N 58 QUETTA-HIGH-COURT-BALOCHISTAN

Case information

Citation: 2023 PLC(CS)N 58 QUETTA-HIGH-COURT-BALOCHISTAN
Court: Balochistan High Court
Year: 2023
Reporter: PLC
Parties: Citation Name: 2023 PLC(CS)N 58 QUETTA-HIGH-COURT-BALOCHISTANBookmark this Case MUHAMMAD NAEEM KHAN vs GOVERNMENT OF BALOCHISTAN, COASTAL DEVELOPMENT AND FISHERIES DEPARTMENT, CIVIL SECRETARIAT, ZARGHOON ROAD, QUETTA
Subject matter: Constitutional
Provisions referred to: S. 21; Balochistan Coastal Development Authority Act

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

Citation Name: 2023 PLC(CS)N 58 QUETTA-HIGH-COURT-BALOCHISTANBookmark this Case MUHAMMAD NAEEM KHAN VS GOVERNMENT OF BALOCHISTAN, COASTAL DEVELOPMENT AND FISHERIES DEPARTMENT, CIVIL SECRETARIAT, ZARGHOON ROAD, QUETTA art.9---Right of property---Scope---Civil service---Pension, right of---Scope---Pension was right of civil servant and to receive pension was treated as right of property which was guaranteed under art.9 of the Constitution. Citation Name: 2023 PLC(CS)N 58 QUETTA-HIGH-COURT-BALOCHISTANBookmark this Case MUHAMMAD NAEEM KHAN VS GOVERNMENT OF BALOCHISTAN, COASTAL DEVELOPMENT AND FISHERIES DEPARTMENT, CIVIL SECRETARIAT, ZARGHOON ROAD, QUETTA Ss. 21 & 23---Pension, withholding of---Public servant---Scope---Contention of the petitioner (retired Accounts Officer) was that his pension had illegally been withheld by the (Balochistan Coastal Development Authority)---Held, that the officers and the officials of the Balochistan Coastal Development Authority were deemed to be "public servants" under the Balochistan Coastal Development Authority Act, 1998---Word 'public servant' was defined under S.21 of the Balochistan Coastal Development Authority Act, 1998, which meant a person holding any office which empowered him to do an act for the benefit of the government or local agency---Employees of the Balochistan Coastal Development Authority were civil servant and the pension was not bounty on the part of the government---Admittedly, petitioner retired as an Accounts Officer (BPS-18) on attaining age of superannuation (i.e. 60 years) and had been drawing pension for the last seven years and thereafter his pension was stopped---Balochistan Coastal Development Authority had no right to withhold the pension of the petitioner---Pension was right of a civil servant, which could not be withheld without cogent reason---High Court held that withholding of petitioner' pension was illegal and directed the Balochistan Coastal Development Authority to pay the pension to the petitioner---Constitutional petition was allowed, in circumstances.

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