2019 PLP (C (PLC(CS))
SHER AFZAL KHAN Versus GOVERNMENT OF KHYBER PAKHTUNKHWA through Secretary Elementary and Secondary Education Khyber Pakhtunkhwa, Peshawar and 2 others
| Citation | 2019 PLP (C (PLC(CS)) |
| Forum / Court | Peshawar High Court (Abbottabad Bench) |
| Bench Members | Lal Jan Khattak and Syed Muhammad Attique Shah, JJ |
| Parties | SHER AFZAL KHAN Versus GOVERNMENT OF KHYBER PAKHTUNKHWA through Secretary Elementary and Secondary Education Khyber Pakhtunkhwa, Peshawar and 2 others |
| Primary Law | (a) Civil service |
Q1: What are the key laws and sections cited in 2019 PLP (C (PLC(CS))?
This judgment primarily cites: (a) Civil service as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 2019 PLP (C (PLC(CS))?
The case was heard and decided by the Peshawar High Court (Abbottabad Bench) bench comprising: Lal Jan Khattak and Syed Muhammad Attique Shah, JJ.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2019 PLP (C (PLC(CS)) (SHER AFZAL KHAN Versus GOVERNMENT OF KHYBER PAKHTUNKHWA through Secretary Elementary and Secondary Education Khyber Pakhtunkhwa, Peshawar and 2 others). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Kamran Gul for Petitioner.
- Yasir Zahoor Abbasi, AAG for Respondent.
Headnotes / Summary
Denial of pensionary benefits, legality of
Petitioner had served government department for 20 years and on attaining the age of superannuation, retired from service but department refused to pay the pensionary benefits
Constitutional petition was accepted with direction to employer department to pay all the pensionary benefits to the petitioner by counting his service from the date of his appointment. Writ Petition No. 19-A/2014 rel. Writ Petition No. 3394-P of 2016; Writ Petition No. 551-A of 2017 and Writ Petition No. 1035-A of 2017 ref. (b) Civil service
Right to pension cannot be arbitrarily abridged or reduced except in accordance with law, as it is the vested right and legitimate expectation of a retired civil servant.
Judgment & Decree
SYED MUHAMMAD ATTIQUE SHAH, J.
Through the instant petition under Article 199 of the Constitution of Islamic Republic of Pakistan, 1973, the petitioner namely Sher Afzal Khan has prayed as under:- "On acceptance of instant writ petition, the respondents may graciously be directed to pay the pensionary benefit of the petitioner and they also be directed to issue/pay the monthly pension of the petitioner."
2. Brief but relevant facts of the case are that the petitioner was appointed as Chowkidar in Government Primary School Pind Muneem, District Haripur vide order dated 08.11.1995 and served the department for more than 20 years. Later on, the petitioner on attaining the age of superannuation retired from service in the year 2016. That the respondents only paid Rs. 46504/- and refused to pay the pensionary benefits to the petitioner despite several requests. Hence, the instant writ petition.
3. Arguments heard and record available gone through.
4. Without going deep into the merits of the case, suffice it to say that the issue involved in the present writ petition has already been discussed and decided by this Court in Writ Petition No. 19-A/2014, which reads as under:- "As there is no denial of the fact that petitioner was initially appointed on fixed pay and subsequently his services were regularized, hence, in view of the Rule 2.3 of West Pakistan Civil Services Pension Rules, 1968, the petitioner is to be paid pensionary benefits from the date of his first appointment. It is well settled law, when any employee on contract is absorbed into regular employment, and there is no break in his service, then period on contract employment has to be considered for counting length of service of pensionary benefits etc. Reliance is placed on 2010 PLC 354, wherein it is held that:- When an employee was regularized, his total length of service, was to be computed from the day he joined the service that could be temporary or otherwise. Even period of an employee of daily wages would be counted for the purpose of computing pensionary benefits"
5. Therefore, while considering the above as well as the judgments passed by this Court in Writ Petitions Nos. 3394-P/2016, 551-A/2017 and 1035-A/2017, we are not inclined to hold a different view, therefore, while accepting this petition, we direct the respondents to pay all the pensionary benefits to the petitioner by counting his service from the date of his appointment i.e. 08.11.1995.
6. As right to pension is conferred by law and cannot be arbitrarily abridged or reduced except in accordance with law, as it is the vested right and legitimate expectation of retired civil servant, therefore, copy of this judgment be circulated to The Secretary Finance and Accountant General, Khyber Pakhtunkhwa to issue directions to all the heads of department and District Accounts officers in Khyber Pakhtunkhwa, to strictly follow the decisions pronounced by the apex Court as well as this Court in number of judgments, on the issue. SA/35/P Order accordingly.