General Financial Rules of Central Government Servants

2003 PLC(CS) 1400 PESHAWAR-HIGH-COURT Judicial Precedent

R.117(1), Vol.1Constitution of Pakistan (1973), Arts. 199 & 212Civil serviceConstitutional petitionMaintainabilityRecovery of amount from pensionary benefit

Civil servant who was to retire on attaining the age of superannuation, remained working even after superannuation for about eleven months without objection from the Authority, but Authority on finalization of his pension case, recovered the amount of salaries drawn by him during the said period of eleven months from pensionary benefits of civil servant

Validity

Civil servant having worked during the period of eleven months without any objection from the Authority, there was no justification for Authority to effect recovery of amount from the pensionary benefits of civil servant

Nothing was on file to demonstrate that civil servant had a hand in the affair and that he had approached the High Court with unclean hands disentitling him to discretionary and equitable relief provided under Art. 199 of the Constitution

Jurisdiction of High Court to entertain a Constitutional petition at the instance of a civil servant, was not ousted in respect of all matters, but ouster was limited to only those cases which could be taken up by Service Tribunal

Recovery in question had been effected without issuing notice to the civil servant

Non-issuance of notice had certainly prejudiced the interest of civil servant

Order recovering amount from pensionary benefits of civil servant, was declared to be illegal and without lawful authority and of no legal effect by the High Curt, in exercise of its Constitutional jurisdiction with direction to pay the recovered amount to civil servant.

2002 SCMR 992 SUPREME-COURT Judicial Precedent

Regln. 3.2Pakistan Atomic Energy Commission Ordinance (XVII of 1965), Ss. 13, 20 & 21General Financial Rules, Rr. 116 & 117Civil Servants (Appointment, Promotion and Transfer) Rules, 1973, R.12-A [incorporated on 31-7-2000)Specific Relief Act (I of 1877), S.42Service Tribunals Act (LXX of 1973), S.4Constitution of Pakistan (1973), Art.212(3)Change in date of birthSuit for declaration by employee of Pakistan Atomic Energy Commission

Employee on the basis of decree of Civil Court passed in such suit got revised Matriculation Certificate and national identity card, and then applied to the Commission for change of his date of birth from 13-6-1964 to 11-3-1967, which accordingly made necessary amendments in his service record

Commission on reconsideration of the matter, withdrew its earlier order

Departmental appeal as well as appeal filed before Service Tribunal were dismissed

Contention of employee was that since Commission on his application had corrected his date of birth, thus, a valuable right had accrued to him and principle of locus poenitentiae was not available in circumstances

Validity

Employee after a period of 13 years of issuance of his Matriculation Certificate had filed a declaratory decree which he had procured without impleading the Commission as a party, wherein he had taken a job on the basis of such document

Sanctity would be given to employee's date of birth given by him 13 years prior to the date of securing decree in this regard at the time of his appointment in the Commission

According to R. 116 of General Financial Rules of Central Government, only clerical error in birth certificate could be rectified

No right could accrue to a party on the basis of an order passed in oblivion of the rules

Supreme Court refused to grant leave to appeal and dismissed the petition in circumstances.

2002 PLC(CS) 970 SUPREME-COURT Judicial Precedent

Regln. 3.2Pakistan Atomic Energy Commission Ordinance (XVII of 1965), Ss. 13, 20 & 21General Financial Rules, Rr. 116 & 117ByeLaws of Pakistan Atomic Energy Council, Bye-Law No.20Employees of Pakistan Atomic Energy CommissionChange in date of birthScopeNo regulation m this regard has been made in Pakistan Atomic Energy Commission Employees (Service) Regulations, 1974

Federal Government has been empowered under S.13 of Pakistan Atomic Energy Commission Ordinance, 1965, to control the power of Commission in respect of appointment of its officers and employees including their terms and conditions

Rule 116 of General Financial Rules of Federal Government, thus, would be applicable to employees of the Commission, whereunder date of birth once recorded in service record could not be altered except only in the case of a clerical error.

1992 PLD 524 FEDERAL-SHARIAT-COURT Judicial Precedent

General Financial Rules of Central Government Servants General Financial Rules of the Central GovernmentRr. 251, 252, 253, 253-A, 256, 257, 259 & 263Drawing and Disbursing Officers Book, paras 5.68, 5.69, 5.71, 5.76, 5.77, 5.78, 5.79, 5.84, 5.86, 5.91, 5.93, & 5.95Constitution of Pakistan (1973), Art. 203-DRepugnancy to Injunctions of Islam

Rules 251, 252, 253, 253-A, 256, 257, 259 & 263 read with paras. 5.68, 5.69, 5.71, 5.76, 5.77, 5.78, 5.79, 5.84, 5.86, 5.91, 5.93 & 5.95 of the Drawing and Disbursing Officers Book relating to the interest bearing transactions are repugnant to injunctions of Islam to the extent of the element of interest therein and unless same were brought in conformity with the Injunctions of Islam by 30th June, 1992, they shall cease to have any legal effect.

1990 PLC(CS) 248 FEDERAL-SERVICE-TRIBUNAL Judicial Precedent

General Financial Rules of Central Government ServantsR. 117(i)Service Tribunals Act (LXX of 1973), S. 4Retirement on reaching the age of superannuation

Civil servant contesting his date of birth as having been incorrectly recorded but had failed to produce his Matriculation Certificate at the time of joining service and also thereafter in spite of demand

Establishment did not place reliance upon the entries made in civil servant's previous service book and treated as final the age ascertained by Medical Officer

Civil servant had made a mention in his pleadings of the fact, that he himself requested by means of an application to his establishment that he might be granted leave preparatory to retirement and transferred to Pension Establishment with effect from specific date, clearly mentioning in that application that the specific date was the date of his superannuation

Civil servant had thus made admission of the fact that he had reached the age of superannuation from the specific date viz. date recorded in his service book by the Establishment as determined by the doctor

Civil servant's case that date of his superannuation was wrongly recorded or that same was changed by someone, in view of evidence on record, remained unproved and without substance.