| Case ID |
38b631e7-342a-4d3f-b836-c396994fc679 |
| Body |
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| Case Number |
Writ Petition No.15445 of 2004 |
| Decision Date |
Jun 12, 2009 |
| Hearing Date |
|
| Decision |
The Lahore High Court ruled in favor of the petitioners, who were employees of the Civil Aviation Authority (CAA), regarding the recovery of excess payments made to them. The court held that it was inequitable to expect the petitioners to have saved the large differential amounts received over three years. The payments made were authorized by a competent authority, and thus the petitioners could not be held responsible for the CAA's mismanagement. The principle of Locus Poenitentiae was applied, allowing the petitioners to retain the excess payments received. The court emphasized that the payments were made under the authority of the CAA and were not a result of any wrongdoing by the petitioners. Consequently, the constitutional petitions were allowed, affirming the rights of the petitioners to keep the excess payments. |
| Summary |
In the case of Writ Petition No.15445 of 2004, the Lahore High Court addressed the issue of excess salary payments made to employees of the Civil Aviation Authority (CAA) over a period of three years. The petitioners challenged a directive from the Federal Government that mandated the recovery of these excess payments. The court ruled that it would be unjust to require the petitioners to return the funds, as they were disbursed by a competent authority and were not obtained through any fault of the employees. The ruling was based on equitable principles, particularly the doctrine of Locus Poenitentiae, which protects individuals from being penalized for receiving authorized benefits. This case highlights the importance of administrative fairness in employment matters and the protection of employees' rights against wrongful recoveries of payments. The decision sets a precedent for similar cases concerning salary disputes and the recovery of overpayments in public service. |
| Court |
Lahore High Court
|
| Entities Involved |
Federal Government,
Civil Aviation Authority (CAA)
|
| Judges |
UMAR ATA BANDIAL, J
|
| Lawyers |
Kh. Saeed-uz-Zafar,
Miss Shahzia Hassan,
Aamir Rehman, Dy. A.-G.,
Yawar Ali Khan
|
| Petitioners |
others,
Syed ZAFAR HUSSAIN
|
| Respondents |
others,
GOVERNMENT OF PAKISTAN
|
| Citations |
2014 SLD 1699 = 2014 CLC 643
|
| Other Citations |
PLD 1993 SC 200,
PLD 1992 SC 207
|
| Laws Involved |
Constitution of Pakistan
|
| Sections |
Art. 199
|