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ABDUS SALAM vs ASSISTANT COMMISSIONER, MURREE S — 2024 PLC(CS) 1 LAHORE-HIGH-COURT-LAHORE

Case information

Citation
2024 PLC(CS) 1 LAHORE-HIGH-COURT-LAHORE
Court
Lahore High Court
Year
2024
Reporter
PLC
Parties
ABDUS SALAM vs ASSISTANT COMMISSIONER, MURREE S
Provisions referred to
S. 18---C

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

ABDUS SALAM VS ASSISTANT COMMISSIONER, MURREE S.18---Constitution of Pakistan, Arts. 199 & 212---Pension, recovery of---Intra Court Appeal---Terms and conditions of service---Constitutional jurisdiction of High Court---Scope---Appellant was aggrieved of order issued by respondent / authority stopping his pension after his retirement on attaining age of superannuation---Judge in Chambers of High Court in view of bar contained in Art. 212 of the Constitution, declined to exercise Constitutional jurisdiction---Plea raised by appellant was that after retirement he ceased to be a 'civil servant', therefore, bar of Art. 212 of the Constitution did not apply---Validity---Pension was one of the terms of service of a civil servant, though it started with retirement---Pension formed part of those terms and conditions to which civil servant joined the service---Question of jurisdiction of High Court was different from the question whether the respondent/authority had correctly withheld the pension of appellant---Latter aspect of the matter was always to be considered, in such cases, by the forum having jurisdiction to adjudicate upon matters---Question of delay, on account of pursuing remedy before High Court could also be seen by competent forum for which guidelines were available in number of judgments of Supreme Court---Division Bench of High Court declined to interfere in the matter as Judge in Chambers of High Court correctly appreciated the law on the subject---Intra Court Appeal was dismissed, in circumstances.

Other judgments reported in 2024 PLC

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