2024 PLC(CS) 1160 PESHAWAR-HIGH-COURT

Case information

Citation: 2024 PLC(CS) 1160 PESHAWAR-HIGH-COURT
Court: Peshawar High Court
Year: 2024
Reporter: PLC
Subject matter: Criminal

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

KHAN ZEB VS GOVERNMENT OF KHYBER Pakhtunkhwa through Secretary Local Government and Rural Development Department, Khyber Pakhtunkhwa art.371-a---West Pakistan Civil Services Pension Rules, 1963, R.2.3---Temporary service in temporary/autonomous departments for more than 5 years as contingent staff---Entitlement to grant of pensionary benefits and appointment of his son against 25% quota reserved for retired class-IV employees within the meaning of art. 371-a of CSR---Scope---Reliance on a judgment per incuriam---Effect---Employee in service of temporary establishment or whose services are on contract basis and are not later regularized or confirmed cannot be benefited in terms of article 371-a of C.S.R for pensionary benefit---Petitioner's service had never been regularized nor his earlier writ petition was allowed for regularization of his contingent services, therefore, he could not be held entitled for any such benefit on the basis of the principle laid down in the case reported as Mir ahmad Khan v. Secretary to Government and others (1997 SCMR 1477)---Neither the petitioner could be held entitled for pensionary benefits nor his second prayer for appointing his son against 25% quota reserved for children of retired Class-IV civil servants could be entertained---Principles for grant of pension to employees in temporary service for more than 5 years under art. 371-a of CSR and Rule 2.3 of the West Pakistan Civil Services Pension Rules, 1963, are analogous to each other---Constitutional petition was dismissed.

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