| Case ID |
4286358e-11ff-4328-9513-c812adfce41e |
| Body |
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| Case Number |
Writ Petition No. 4149 of 2019 |
| Decision Date |
May 08, 2019 |
| Hearing Date |
|
| Decision |
The Lahore High Court ruled in favor of the petitioner, stating that the monetary benefit of encashment in lieu of leave preparatory to retirement (LPR) could not be withheld without valid reasons. The court asserted that the discretionary powers of the authorities under the Revised Leave Rules must be exercised fairly and not arbitrarily. The impugned order was set aside and the case was remanded to the relevant authorities for reconsideration in accordance with the law. The court emphasized the importance of ensuring that civil servants are not deprived of their rightful benefits due to arbitrary decisions, thus protecting their rights under fiscal legislation. |
| Summary |
In the case of Writ Petition No. 4149 of 2019, the Lahore High Court addressed the legal rights of civil servants regarding the encashment of leave preparatory to retirement. The petitioner, a Deputy Director at the Pakistan Central Cotton Committee, sought encashment of his LPR but was instead granted leave. The court highlighted that fiscal benefits, such as encashment, should not be denied without cogent reasons and that the authorities must act fairly and justly. The decision underscores the protection of employee rights within the framework of the Revised Leave Rules, 1980 and the Constitution of Pakistan, 1973. The ruling serves as a significant precedent for similar cases, emphasizing the need for transparency and accountability in administrative decisions affecting civil servants. The court's ruling not only reinstates the rights of the petitioner but also sets a standard for future cases involving employee benefits, ensuring that the interpretations of fiscal legislation favor the employees who are often burdened with financial difficulties. |
| Court |
Lahore High Court
|
| Entities Involved |
Ministry of National Food Security and Research,
Pakistan Central Cotton Committee (PCCC)
|
| Judges |
MUJAHID MUSTAQEEM AHMED, JUSTICE,
SHAUKAT ALI KHAN
|
| Lawyers |
Syed Shehan Shah Hussain, Assistant Attorney-General for Federation,
Syed Kamal Ashraf, Statistical Officer PCCC Multan
|
| Petitioners |
Sheikh Javed Rashid,
Syed Shehan Shah Hussain
|
| Respondents |
5 OTHERS,
FEDERATION OF PAKISTAN THROUGH SECRETARY
|
| Citations |
2019 SLD 3157,
2019 PLC 1527
|
| Other Citations |
Mst. Riffat Naheed, Lady Medical Technician v. District Health Officer, Bahawalpur and 2 others 2004 PLC (C.S.) 1081,
Noor Wali Khan and others v. Federation of Pakistan and another 2017 PLC (C.S.) 1113,
Pakistan International Airlines Corporation v. S.M. Ismail Naqvi and others 2010 SCMR 42
|
| Laws Involved |
Revised Leave Rules, 1980,
Constitution of Pakistan, 1973,
General Clauses Act, 1897
|
| Sections |
R.16,
R.17,
R.18A,
25,
24A
|