1992 PLP (C (PLC(CS))
and others Versus MANZOOR'HUSSAIN KHAN and others
| Citation | 1992 PLP (C (PLC(CS)) |
| Forum / Court | Supreme Court of Pakistan |
| Bench Members | Shafiur Rahman and Rustam S. Sidhwa, JJ |
| Parties | and others Versus MANZOOR'HUSSAIN KHAN and others |
| Primary Law | (e) West Pakistan Employees' Social Security Ordinance (X of 1965), (c) West Pakistan Employees' Social Security Ordinance (X of 1965), (b) Constitution of Pakistan (1973) |
Q1: What are the key laws and sections cited in 1992 PLP (C (PLC(CS))?
This judgment primarily cites: (e) West Pakistan Employees' Social Security Ordinance (X of 1965), (c) West Pakistan Employees' Social Security Ordinance (X of 1965), (b) Constitution of Pakistan (1973), (d) West Pakistan Employees' Social Security Ordinance (X of 1965), (a) West Pakistan Employees' Social Security Ordinance (X of 1965), (f) West Pakistan Employees' Social Security Ordinance (X of 1965) as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1992 PLP (C (PLC(CS))?
The case was heard and decided by the Supreme Court of Pakistan bench comprising: Shafiur Rahman and Rustam S. Sidhwa, JJ.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1992 PLP (C (PLC(CS)) (and others Versus MANZOOR'HUSSAIN KHAN and others). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Iftikhar Ahmad Dar, Advocate instructed by Muhammad Aslam Chaudhry, Advocate-on-Record for Appellants.
- Faqir Muhammad Khokhar, Advocate instructed by S. Abul Asam Jafri, Advocate-on-Record for Respondents.
- Date of hearing: 11th December, 1991.
Headnotes / Summary
(On appeal from the judgments of Lahore High Court, Lahore, dated 12-2-1989 passed in Writ Petitions Nos. 6232/1988 and 6744/1988).
S.4
Constitution of Pakistan (1973), Art.185(3)
Leave to appeal was granted to examine whether power to grant advance increments as an award was possessed by the Commissioner Social Security Institution and could not be revoked, once granted, by the Governing Body of the Institution.
Art.185
Law Reforms Ordinance (XII of 1972), S3
West Pakistan Employees' Social Security Ordinance (X of 1965), S.5
Employees of Social Security Institution
. Advance increments granted by the Commissioner Social Security Institution revoked by the Governing Body of the Institution
High Court in Constitutional jurisdiction declaring revocation of advance increments to be without lawful authority and of no legal effect
Validity--Appeal to Supreme Court
Preliminary objection to the competency of appeal filed in Supreme Court was raised on the ground that decision of Governing Body of Social Security Institution being not open to appeal, review or revision in any forum, intra-Court appeal was competent and respondent having not preferred same, appeal before Supreme Court was not competent
Such preliminary objection though technically had force, nevertheless, question involved on merits being substantially of law and also Fundamental Rights, such objection was not given effect to.
S.5
Revocation of advance increments by the Governing Body of Social Security Institution
There being policy decision of the Governing Body to the effect, to recognise and reward meritorious service by grant of honoraria and increments and financial allocation for that purpose having been enhanced, mere fact that Rules or Regulations on the subject were not framed would not mean that such recognition could not take place
Governing Body's decision to revoke advance increments on meritorious service granted by Commissioner, Social Security Institution was thus not valid being without lawful authority and of no legal effect.
S.5
Advance increments granted by Commissioner Social Security Institution on meritorious services of employees
Governing Body of Social Security Institution withholding such advance increments beyond a specific date
Governing Body, while upholding grant of advance increments prior to specific date/year, recognised the authority of the Commissioner to grant the same
Commissioner Social Security Institution being the Chief Executive and also the competent Authority to award such increments, such a power would appear to be a part of the power of appointment and execution of the policy decision of the Governing Body of the Social Security Institution.
S.5
Advance increments granted by Commissioner Social Security Institution on meritorious services--Governing Body of Institution revoking such decision beyond a specified date
Governing Body of Social Security Institution had demonstrated an unreasonable discrimination by fixing a date prior to which grant of such advance increments had been protected and after which such grants had been revoked
No sanctity would attach to the specified date or period as determined by the Governing Body of the Social Security Institution
Criteria adopted that such grants against which protests had been made, and those against which protests had not been made, was, neither a rational criteria nor a criteria which could be approved for adoption by public functionaries
Such course would encourage protests and protest by itself would become a good ground for doing away with actions otherwise good and commendable
Each case had to be examined on its own merit or a pervasive evil had to be identified before such a discriminatory decision could be taken
Decision of Governing Body revoking advance increments on meritorious services was, thus, not valid.
S.5
Constitution of Pakistan (1973), Art.185(3)
Revocation of advance increments granted on meritorious services
High Court's decision declaring such revocation to be without lawful authority and of no legal effect suffered from no such legal infirmity as would require interference in appeal
Appeal was dismissed in circumstances.
Judgment & Decree
Art.185
Law Reforms Ordinance (XII of 1972), S3
West Pakistan Employees' Social Security Ordinance (X of 1965), S.5
Employees of Social Security Institution
. Advance increments granted by the Commissioner Social Security Institution revoked by the Governing Body of the Institution
High Court in Constitutional jurisdiction declaring revocation of advance increments to be without lawful authority and of no legal effect
Validity--Appeal to Supreme Court
Preliminary objection to the competency of appeal filed in Supreme Court was raised on the ground that decision of Governing Body of Social Security Institution being not open to appeal, review or revision in any forum, intra-Court appeal was competent and respondent having not preferred same, appeal before Supreme Court was not competent
Such preliminary objection though technically had force, nevertheless, question involved on merits being substantially of law and also Fundamental Rights, such objection was not given effect to. (c) West Pakistan Employees' Social Security Ordinance (X of 1965)
S.5
Revocation of advance increments by the Governing Body of Social Security Institution
There being policy decision of the Governing Body to the effect, to recognise and reward meritorious service by grant of honoraria and increments and financial allocation for that purpose having been enhanced, mere fact that Rules or Regulations on the subject were not framed would not mean that such recognition could not take place
Governing Body's decision to revoke advance increments on meritorious service granted by Commissioner, Social Security Institution was thus not valid being without lawful authority and of no legal effect. (d) West Pakistan Employees' Social Security Ordinance (X of 1965)
S.5
Advance increments granted by Commissioner Social Security Institution on meritorious services of employees
Governing Body of Social Security Institution withholding such advance increments beyond a specific date
Governing Body, while upholding grant of advance increments prior to specific date/year, recognised the authority of the Commissioner to grant the same
Commissioner Social Security Institution being the Chief Executive and also the competent Authority to award such increments, such a power would appear to be a part of the power of appointment and execution of the policy decision of the Governing Body of the Social Security Institution. (e) West Pakistan Employees' Social Security Ordinance (X of 1965)
S.5
Advance increments granted by Commissioner Social Security Institution on meritorious services--Governing Body of Institution revoking such decision beyond a specified date
Governing Body of Social Security Institution had demonstrated an unreasonable discrimination by fixing a date prior to which grant of such advance increments had been protected and after which such grants had been revoked
No sanctity would attach to the specified date or period as determined by the Governing Body of the Social Security Institution
Criteria adopted that such grants against which protests had been made, and those against which protests had not been made, was, neither a rational criteria nor a criteria which could be approved for adoption by public functionaries
Such course would encourage protests and protest by itself would become a good ground for doing away with actions otherwise good and commendable
Each case had to be examined on its own merit or a pervasive evil had to be identified before such a discriminatory decision could be taken
Decision of Governing Body revoking advance increments on meritorious services was, thus, not valid. (f) West Pakistan Employees' Social Security Ordinance (X of 1965)
S.5
Constitution of Pakistan (1973), Art.185(3)
Revocation of advance increments granted on meritorious services
High Court's decision declaring such revocation to be without lawful authority and of no legal effect suffered from no such legal infirmity as would require interference in appeal
Appeal was dismissed in circumstances. Iftikhar Ahmad Dar, Advocate instructed by Muhammad Aslam Chaudhry, Advocate-on-Record for Appellants. Faqir Muhammad Khokhar, Advocate instructed by S. Abul Asam Jafri, Advocate-on-Record for Respondents. Date of hearing: 11th December, 1991.