RIFFAT HUMAYUN vs PAKISTAN TELEVISION CORPORATION LIMITED Service Tenure

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RIFFAT HUMAYUN VS PAKISTAN TELEVISION CORPORATION LIMITED Service Tenure---Locus poenitentiae, Principle of---Applicability and exceptions---Claim of the appellant was that the period spent on duty after retirement on account of status quo order of the High Court could be treated as part of her service tenure and no recovery could be effected from her for that period---Whether such amount could be recovered from the employee---Held, that a beneficiary may claim a right under an exception to the principle of locus poenitentine if lawful orders have been issued by the competent authority and received in good faith without any action on the part of the recipient, however, no such orders had been issued by the authority in the present case, which was a prerequisite for invoking the exception, rather, payments had been made by the respondents under the pain of status quo order issued by the Division Bench and obtained by the appellant in her petition, therefore, the absence of a valid order from the competent authority rendered the exception inapplicable in this scenario---Appellant's decision to persist in service beyond the date of her retirement was entirely self-initiated---Respondents neither asked her nor coerced her to do so, rather appellant took it upon herself to extend her tenure in service, and imposed herself on the unwilling employer, meaning thereby that she ensured that the respondents could not legally discontinue her services upon reaching superannuation---By filing a petition and obtaining status quo orders, appellant effectively prevented the respondents from taking any action against her employment status---Appellant sought remuneration from the respondents or intended to retain the payments received during the period in which the respondents endured her continued presence, as it disregarded the circumstances under which the appellant extended her employment and the inconvenience caused to the respondents---Appeal was dismissed accordingly.

RIFFAT HUMAYUN vs PAKISTAN TELEVISION CORPORATION LIMITED Service Tenure — 2024 PLC(CS) 1415 KARACHI-HIGH-COURT-SINDH

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