Citation Name: 2024 PLC(CS) 393 QUETTA-HIGH-COURT-BALOCHISTANBookmark this Case ABDUL HAYEE EX-SST(G) vs The ACCOUNTANT GENERAL BALOCHISTAN SARIAB ROAD, QUETTA S — 2024 PLC(CS) 393 QUETTA-HIGH-COURT-BALOCHISTAN

Case information

Citation: 2024 PLC(CS) 393 QUETTA-HIGH-COURT-BALOCHISTAN
Court: Balochistan High Court
Year: 2024
Reporter: PLC
Parties: Citation Name: 2024 PLC(CS) 393 QUETTA-HIGH-COURT-BALOCHISTANBookmark this Case ABDUL HAYEE EX-SST(G) vs The ACCOUNTANT GENERAL BALOCHISTAN SARIAB ROAD, QUETTA S
Subject matter: Constitutional
Provisions referred to: S. 21---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

Citation Name: 2024 PLC(CS) 393 QUETTA-HIGH-COURT-BALOCHISTANBookmark this Case ABDUL HAYEE EX-SST(G) VS The ACCOUNTANT GENERAL BALOCHISTAN SARIAB ROAD, QUETTA S.21---Civil service---Pension---Locus poenitentiae, principle of---Applicability---Petitioners were aggrieved of notice issued by respondent authorities seeking recovery of excess pension paid to their predecessor-in-interest---Validity---Respondent authorities issued pay-slip to predecessor-in-interest of petitioners, who had received the amount---There was no allegation that predecessor-in-interest of petitioners had obtained fake pay-slip and received the amount fraudulently---Respondent authorities paid salary creating vested right which could not subsequently be taken away on mere assumption and supposition or on the whim of executive authority---Such right once vested could not be withdrawn as legal bar would come into play under the doctrine of locus poenitentiae---High Court declared the notice issued by authorities as ab-initio illegal, void and of no legal effect---Constitutional petition was allowed, in circumstances.

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