GUL FARZ DIRECTOR (RETD.) vs FREQUENCY ALLOCATION BOARD (F — 2026 PLC(CS) 181 ISLAMABAD

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GUL FARZ DIRECTOR (RETD.) VS FREQUENCY ALLOCATION BOARD (F.A.B.) arts. 175 & 199---Law Reforms Ordinance (XII of 1972), S. 3---Intra Court appeal---Pensionary benefits---Invoking jurisdiction of Courts---Habitual litigant, allegation of---appellant / retired civil servant was aggrieved of withholding of his pensionary benefits by authorities---Plea raised by authorities was that appellant / retired civil servant was a habitual litigant---Validity---Right to pension flows from statute and the terms of service, not from subjective assessment by authorities, of employee's litigious conduct---act of approaching Courts for redressal of grievances cannot be equated with misconduct warranting forfeiture of pensionary entitlements---authorities failed to provide any substantive explanation for withholding pension, coupled with reliance on irrelevant and extraneous factors, which reflected complete disregard of its legal obligations and rendered its report devoid of evidentiary or legal value---Judicial forums exist precisely to examine and rectify allegations of illegality, arbitrariness or denial of rights---Courts are guardians of constitutional guarantees and it is their solemn obligation to hear grievances of aggrieved persons and to adjudicate them in accordance with law---Label of "habitual litigant" could not be employed to deprive a citizen of his pensionary benefits, nor could it relieve public authority of its duty to act fairly promptly, and in compliance with legal framework---appellant / retired civil servant acted within his lawful rights and the matter raised concerned pensionary benefits, entitlements that were recognized as vested and enforceable---Division Bench of High Court set aside the judgment passed by Judge in Chambers of High Court as the same was not justified---Division Bench of High Court directed the authorities to forthwith process and release pensionary benefits of appellant/retired civil servant, in accordance with law, from the date the benefits had become due, along with all arrears accruing thereon---Intra Court appeal was allowed, in circumstances.

GUL FARZ DIRECTOR (RETD.) vs FREQUENCY ALLOCATION BOARD (F — 2026 PLC(CS) 181 ISLAMABAD

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