ABDUL LATEEF vs SERVICES, GENERAL ADMINISTRATION AND CO-ORDINATION DEPARTMENT F

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ABDUL LATEEF VS SERVICES, GENERAL ADMINISTRATION AND CO-ORDINATION DEPARTMENT F.R. 54-a---Constitution of Pakistan, art.9---Civil service---Pensionary benefits---Fundamental right---Withholding and delay in releasing pensionary benefits---Petitioner on attaining the age of superannuation i.e. 60 years retired from service on 21.08.2023 but the respondents withheld all the emoluments of the petitioner including pensionary benefits due to pending departmental proceedings against him---Validity---Pension was not a bounty or an ex-gratia payment but a right acquired in consideration of past services---Pension was a vested right and a legitimate expectation of a retiring civil servant, the same being a right conferred by law and it could not be arbitrarily abridged or reduced except in accordance with law---Fundamental Rule 54-a of Fundamental Rules made it absolutely clear that after the superannuation of the petitioner the disciplinary proceeding against him would abate---Since the petitioner had superannuated, thus the disciplinary proceedings against him had abated and as such the impugned letter was of no legal effect---Said rule also made it absolutely clear that once the disciplinary proceedings against the petitioner had abated, the petitioner shall retire with full pensionary benefits---Employee could not be penalized for any action which was subject-matter of an inquiry which was not completed before his retirement---Rule 54-a of the Fundamental Rules of Service provided that on attaining the age of superannuation disciplinary proceedings which had not been completed, automatically abate and the civil servant was entitled to receive all pensionary benefits---High Court set aside the impugned letter holding that the subject inquiry against the petitioner as alluded to in the impugned letter had abated and that the petitioner was entitled to all pensionary benefits---Petition stood disposed of accordingly.

ABDUL LATEEF vs SERVICES, GENERAL ADMINISTRATION AND CO-ORDINATION DEPARTMENT F — 2025 PLC(CS) 732 KARACHI-HIGH-COURT-SINDH

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