ALLAMA IQBAL OPEN UNIVERSITY (AIOU) through Registrar, Islamabad vs Professor Dr

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ALLAMA IQBAL OPEN UNIVERSITY (AIOU) through Registrar, Islamabad VS Professor Dr. SYED ZAFAR ILYAS Retrospective and prospective application of law---Scope---Whether a law can operate retrospectively is for the court to decide by looking into the specific wording of the law---Retrospective application of law is only done on laws related to procedural elements---When it comes to laws that affect, curtail, or prejudice vested rights, then the same shall apply prospectively only and not retrospectively. Citation Name: 2025 PLC(CS) 1623 ISLAMABADBookmark this Case ALLAMA IQBAL OPEN UNIVERSITY (AIOU) through Registrar, Islamabad VS Professor Dr. SYED ZAFAR ILYAS Procedural rules serve to facilitate justice and should be interpreted in a manner that promotes fair adjudication rather than hinders it. Citation Name: 2025 PLC(CS) 1623 ISLAMABADBookmark this Case ALLAMA IQBAL OPEN UNIVERSITY (AIOU) through Registrar, Islamabad VS Professor Dr. SYED ZAFAR ILYAS S.107(2)---Powers of appellate court---Appeal being continuation of original proceedings---Scope---An appeal is a continuation of original proceedings and the appellate court retains the same procedural power as the original Court unless expressly curtailed. Citation Name: 2025 PLC(CS) 1623 ISLAMABADBookmark this Case ALLAMA IQBAL OPEN UNIVERSITY (AIOU) through Registrar, Islamabad VS Professor Dr. SYED ZAFAR ILYAS S.3(2)---Civil Procedure Code (V of 1908), O.I, R.10 (2)---Intra Court Appeal---Inclusion of a party being necessary and proper party despite its non-impleadment in Constitutional petition---Effect and legality---Non-impleadment of a party in Constitutional petition not a bar to subsequent inclusion at Intra Court Appeal stage---Order I, Rule 10(2), C.P.C. grants the Court the authority to mandate, at any stage during the proceedings, the inclusion of a party who is necessary and proper and whose presence before the Court is essential for the thorough and comprehensive resolution of all issues pertinent to the proceeding---The phrase "at any stage of the proceedings" clearly indicates that this discretion is not confined solely to the Court; it also encompasses appellate forums, including an Intra Court Appeal under the Letters Patent of the applicable statutory framework. Citation Name: 2025 PLC(CS) 1623 ISLAMABADBookmark this Case ALLAMA IQBAL OPEN UNIVERSITY (AIOU) through Registrar, Islamabad VS Professor Dr. SYED ZAFAR ILYAS arts. 9 & 24---Civil service---Pensionary benefits, disbursement of---Unlawful withholding of pensionary benefits criticized and deprecated---Lethargic, inexcusable, and arbitrary conduct of public functionaries in discharging their statutory and fiduciary obligations toward retiring employees, particularly in the context of pensionary benefits, constitutes a violation of the fundamental rights guaranteed under arts. 9 & 14 of the Constitution---The delay or denial in the disbursement of pensionary entitlements not only undermines the dignity of the individual but also deprives them of the right to life in its broader sense, encompassing the right to livelihood, security, and pensionary benefits after years of service---article 14 of the Constitution enshrines the inviolability of the dignity of a man as a fundamental right and expressly prohibits torture or any form of cruel, inhuman, or degrading treatment---The denial or undue withholding of pensionary benefits to a retired and elderly individual, who is entirely dependent on such entitlements for basic subsistence, not only constitutes administrative apathy but also amounts to degrading treatment---Such conduct is wholly incompatible with the constitutional imperative to uphold human dignity and reflects a callous disregard for the respect and care owed to those who have served the State. Citation Name: 2025 PLC(CS) 1623 ISLAMABADBookmark this Case ALLAMA IQBAL OPEN UNIVERSITY (AIOU) through Registrar, Islamabad VS Professor Dr. SYED ZAFAR ILYAS Pensionary benefits, withholding of---Initial appointment at University of Balochistan---Subsequent deputation to Allama Iqbal Open University---Deputation followed by permanent absorption---Failure to transfer pension contributions despite lawful deductions---Legality---Obligation of parent university to transfer pensionary contributions deducted during earlier service---Scope---Respondent No.1 served at the University of Balochistan from 1987 to 2009 who later joined Allama Iqbal Open University (AIOU) on deputation in 2009, and was permanently appointed there in 2011 until retirement in 2023, completing 36 years of public service---Upon retirement, AIOU sanctioned pension but claimed it could not fully release dues since UoB had not transferred pensionary contributions deducted during his service with them---Respondent No.1 filed a writ petition, which was allowed, directing release of full pensionary benefits---AIOU challenged this order through the present intra-court appeal---The central issue for determination in the present case was as to "whether AIOU alone was liable to release complete pensionary benefits of the respondent or whether UoB, having deducted pension contributions for over two decades, remained a necessary and responsible party in ensuring the lawful disbursement of the respondent's pensionary entitlements"?---Held: UoB failed to transfer the pensionary contributions deducted during Respondent No.1's tenure with them---These contributions were essential for the calculation of the respondent's complete pensionary benefits, to which he was lawfully entitled---The UoB was under an obligation to remit the deducted pensionary amount to the appellant university upon the respondent No.1's permanent appointment therein, which took effect on 14.07.2011---UoB had withheld and deducted pensionary contribution of respondent No.1, which formed the very basis of the controversy---Since the outcome of the proceedings necessarily affected the rights, duties, and liabilities of the UoB, therefore, UoB was not only a proper party as its presence enabled a complete and effective resolution of the dispute, but was also a necessary party, as no effective order could be passed in its absence, therefore, it had to be impleaded as necessary and property party in the present intra court appeal despite its non-impleadment in the Constitutional petition---With respect to the referral made by the appellant to the 26th Amendment in the Constitution which was made on 21.10.2024, while relying on Art. 12 of the Constitution same was repelled by the High Court on the ground that the cause of action in the present matter arose much earlier i.e. on 14.07.2011 when respondent No.1 was appointed to the appellant university---Respondent No.2/UOB was directed to calculate, in coordination with the Secretary Finance, Balochistan and remit the pensionary contributions of respondent No.1 to the designated bank account of appellant university---The appellant university, upon receipt of the said amount, was directed to include its own share of deductions and calculate the full and final pensionary entitlements of respondent No.1, and disburse the same within two months thereafter without fail---Judgment passed by the Single Judge was modified and the present intra court appeal was allowed, in circumstances.

ALLAMA IQBAL OPEN UNIVERSITY (AIOU) through Registrar, Islamabad vs Professor Dr — 2025 PLC(CS) 1623 ISLAMABAD

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