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Citation Name: 2023 PLD 324 LAHORE-HIGH-COURT-LAHOREBookmark this Case Mrs. KANEEZ FATIMA vs The ISLAMIC REPUBLIC OF PAKISTAN Once a benefit has accrued from legal source and it is availed by its recipients it can — 2023 PLD 324 LAHORE-HIGH-COURT-LAHORE

Case information

Citation
2023 PLD 324 LAHORE-HIGH-COURT-LAHORE
Court
Lahore High Court
Year
2023
Reporter
PLD
Parties
Citation Name: 2023 PLD 324 LAHORE-HIGH-COURT-LAHOREBookmark this Case Mrs. KANEEZ FATIMA vs The ISLAMIC REPUBLIC OF PAKISTAN Once a benefit has accrued from legal source and it is availed by its recipients it can

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Judgment text as reported

Citation Name: 2023 PLD 324 LAHORE-HIGH-COURT-LAHOREBookmark this Case Mrs. KANEEZ FATIMA VS The ISLAMIC REPUBLIC OF PAKISTAN Once a benefit has accrued from legal source and it is availed by its recipients it can neither be transgressed nor rescinded thereafter, as such right becomes indefeasible and absolute. Citation Name: 2023 PLD 324 LAHORE-HIGH-COURT-LAHOREBookmark this Case Mrs. KANEEZ FATIMA VS The ISLAMIC REPUBLIC OF PAKISTAN Office Memorandum---Meaning. Your Search returned total 35531 records from 17800 - 17850 Citation Name: 2023 PLD 324 LAHORE-HIGH-COURT-LAHOREBookmark this Case Mrs. KANEEZ FATIMA VS The ISLAMIC REPUBLIC OF PAKISTAN arts. 193, 175-a, 205 & Fifth Sched.---appointment of High Court Judges---Remuneration of Judges---Scope---appointment of a Judge of the High Court is to be made under article 193 of the Constitution which provides that Chief Justice and each Judge of the High Court shall be appointed by the President in accordance with art. 175-a of the Constitution---article 205 of the Constitution prescribes the remuneration and other terms and conditions of service of a Judge of Superior Court---In terms of Paragraph 2 of the Fifth Schedule to the Constitution a Judge of High Court is entitled for the remuneration in the form of salary, allowances, privileges and pension as determined by the President---In order to determine the privileges, allowances and the rights in respect of leave of absence and pension, the High Court Judges (Leave, Pension and Privileges) Order, 1997 was promulgated. Citation Name: 2023 PLD 324 LAHORE-HIGH-COURT-LAHOREBookmark this Case Mrs. KANEEZ FATIMA VS The ISLAMIC REPUBLIC OF PAKISTAN Paras. 28 & 29---Facilities for retired Judges---Subsidiary conditions of service---Scope---Paragraph 28 of the High Court Judges (Leave, Pension and Privileges) Order, 1997, deals with the facilities to Retired Judges and it also lays down benefits to the spouse of a Judge on his retirement and after his death---Paragraph 29 of the Order provides subsidiary conditions of service---Privileges of a Judge or his/her spouse are neither limited nor restricted to Paragraph 28 of the Order but a Judge or his/her spouse as the case may be can also become entitled for other privileges if any other provision is made by President in this behalf as determined by the rules for the time being applicable to an officer appointed by the President and holding the rank of Secretary to the Government of Pakistan in terms of Paragraph 29. Citation Name: 2023 PLD 324 LAHORE-HIGH-COURT-LAHOREBookmark this Case Mrs. KANEEZ FATIMA VS The ISLAMIC REPUBLIC OF PAKISTAN Paras. 28 & 29---Facilities for retired Judges---Subsidiary conditions of service---Scope---Interpretation that a Judge or his/her spouse can only be allowed privileges and facilities in terms of Paragraph 28 of the High Court Judges (Leave, Pension and Privileges) Order, 1997 and that Paragraph 29 is restricted to the officers of civil services is fallacious---Paragraph 29 is not in negation of Paragraph 28 but is actually in addition and furtherance to the said provision, so the privileges and rights of Judge or his/her spouse cannot be curtailed to the limits of Paragraph 28 of the High Court Judges (Leave, Pension and Privileges) Order, 1997. Citation Name: 2023 PLD 324 LAHORE-HIGH-COURT-LAHOREBookmark this Case Mrs. KANEEZ FATIMA VS The ISLAMIC REPUBLIC OF PAKISTAN Vested right---Meaning.

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