| Case ID |
1f5e9e35-03d6-474e-8778-af2cca7efb4f |
| Body |
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| Case Number |
Writ Petition No.800 of 2001 |
| Decision Date |
Apr 02, 2002 |
| Hearing Date |
Mar 14, 2002 |
| Decision |
The Lahore High Court ruled in favor of the petitioner, Sahiberehman, stating that the non-payment of his pension constituted a failure of the respondents to fulfill their statutory duty under the Punjab Civil Servants Act. The court emphasized that pension is not a bounty, but a right acquired after satisfactory service. It directed the authorities to finalize the pension case of the petitioner within three months, rejecting the argument that an ongoing inquiry regarding embezzlement justified the delay. The court's ruling reinforced the principle that statutory rights must be respected and timely decisions made by relevant authorities. |
| Summary |
In the case of Sahiberehman vs. Government of Punjab, the Lahore High Court addressed the issue of pension non-payment under the Punjab Civil Servants Act (VIII of 1974). The petitioner, who retired as Senior Head Master, claimed that his pension was unjustly withheld due to an inquiry into alleged embezzlement. The court highlighted that pension is a right, not a privilege, and that the ongoing inquiry could not indefinitely delay the resolution of the petitioner's pension case. The court mandated that the authorities must act promptly to finalize the pension within a specified timeframe. This judgment underscores the importance of statutory compliance in public service matters and the judiciary's role in ensuring that civil servants receive their entitled benefits upon retirement, particularly in instances where bureaucratic delays occur. This case serves as a significant precedent in reinforcing the rights of retired civil servants and emphasizes the need for timely administrative action, which can alleviate the hardships faced by individuals dependent on their pensions for sustenance. |
| Court |
Lahore High Court
|
| Entities Involved |
Not available
|
| Judges |
FARRUKH LATEEF, J
|
| Lawyers |
Syed Aqa Asaf Jaffery,
Muhammad Sarwar Bhatti
|
| Petitioners |
SAHIBEREHMAN
|
| Respondents |
GOVERNMENT OF PUNJAB
|
| Citations |
2002 SLD 1909,
2002 PLC 1159
|
| Other Citations |
Not available
|
| Laws Involved |
Punjab Civil Servants Act (VIII of 1974),
Punjab Service Tribunals Act (IX of 1974),
Constitution of Pakistan (1973)
|
| Sections |
18(1),
4,
199
|