ABDUL SAMAD vs FEDERATION OF PAKISTAN through Secretary, Ministry of Water and Power Development Authority, Islamabad R — 2025 PLC(CS) 430 KARACHI-HIGH-COURT-SINDH

Case information

Citation: 2025 PLC(CS) 430 KARACHI-HIGH-COURT-SINDH
Court: Sindh High Court
Year: 2025
Reporter: PLC
Parties: ABDUL SAMAD vs FEDERATION OF PAKISTAN through Secretary, Ministry of Water and Power Development Authority, Islamabad R
Subject matter: Constitutional

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

ABDUL SAMAD VS FEDERATION OF PAKISTAN through Secretary, Ministry of Water and Power Development Authority, Islamabad R.8(2)---Withholding of pensionary benefits owing to wrong fixation of pay upon move-over in the year 1993---Principle of locus poenitentiae---Scope---Contention of the petitioner was that monetary benefits once received by an employee bonafidely could not be recovered from him, even if it had been paid by the Government due to some mistake and in that regard he sought implementation of judgments of Supreme Court---Validity---Only where lawful orders have been passed by an authority having the power to do so under the relevant law and a person bonafidely received a benefit under the said law without any positive action on his part, such beneficiary can claim a right under the exception to the principle of locus poenitentiae and can claim that the benefit bonafidely received by him under the lawful order passed by the competent authority cannot subsequently be recovered under the protection of exception to aforesaid rule, thus, the recovery from the pensionary benefits of the petitioner was halted till decision on the subject issue by the competent authority after resolving intricate questions involved in the matter---Constitutional petition was disposed with a direction to the competent authority to reconsider its decision as to recovery of pensionary benefits.

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