| Case ID |
ec9901fa-fc31-46ea-8a84-f799d97dd078 |
| Body |
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| Case Number |
Writ Petition No.19547 of 2010 |
| Decision Date |
Jun 17, 2011 |
| Hearing Date |
Jun 17, 2011 |
| Decision |
The court upheld the decision of the Secretary Higher Education Department to declare the intervening period of the petitioners as leave without pay, allowing the recovery of back-benefits. The petitioners were not entitled to salary or emoluments for the period they did not serve due to their termination. The court emphasized that the power to amend or rescind previous orders lies with public authorities and that benefits granted can be withdrawn if not supported by law or prior orders. The petition was dismissed. |
| Summary |
In the case of Writ Petition No.19547 of 2010 heard by the Lahore High Court, petitioners employed as lecturers on an ad hoc basis challenged the legality of an order that required them to refund salaries received as back-benefits following their termination. The court ruled that since the petitioners did not serve during the intervening period, they were not entitled to the claimed benefits. The judgment reinforced the principle that public authorities have the discretion to amend or rescind orders and clarified that the absence of specific orders regarding back-benefits in previous rulings rendered the petitioners' claims invalid. This ruling has implications for similar cases in civil service employment and administrative law. |
| Court |
Lahore High Court
|
| Entities Involved |
Government of Punjab,
Punjab Public Service Commission
|
| Judges |
CH. SHAHID SAEED J
|
| Lawyers |
Sharjeel Adnan Sheikh,
Muhammad Azeem Malik
|
| Petitioners |
ABDUL MAJEED,
92 others
|
| Respondents |
another,
SECRETARY HIGHER EDUCATION, LAHORE
|
| Citations |
2011 SLD 1885 = 2011 PLC 1645
|
| Other Citations |
2003 SCMR 291,
PLD 1992 SC 207,
2007 PLC (C.S.) 924,
2005 PLC (C.S.) 790,
2009 PLC (C.S.) 572,
2002 PLC (C.S.) 1237,
PLD 1993 SC 200
|
| Laws Involved |
Constitution of Pakistan
|
| Sections |
199
|