The Ultimate Guide To variation of maintenance order case law
The Ultimate Guide To variation of maintenance order case law
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77 . Const. P. 3670/2023 (D.B.) Rehan Pervez V/S Fed. of Pakistan and Others Sindh High Court, Karachi First and foremost, we would address the issue of maintainability of the instant Petition under Article 199 with the Constitution based over the doctrine of laches as this petition was filed in 2016, whereas the alleged cause of action accrued on the petitioner in 1992. The petitioner asserts that he pursued his legal remedy just after involvement during the FIR lodged by FIA and in the intervening period the respondent dismissed him from service where after he preferred petition No.
In other circumstances as discussed supra pensionary benefits cannot be stopped on account of criminal charges after the retirement of two years; and, is violative from the law laid down by the Supreme Court inside the case of Haji Muhammad Ismail Memon, PLD 2007 SC 35. Consequently, the competent authority from the parent department with the petitioner plus the Chief Secretary, Sindh, are liable to release the pensionary amount from the petitioner and pay back the pension amount and other ancillary benefits to your petitioner to which He's entitled under the regulation within two months from the date of receipt of this order. The competent authority from the respondent is additionally directed to recalculate the pensionary benefits on the petitioner and increases accrued thereon the withheld pensionary benefits with effect from stopping to date. Read more
Case files may be accessed from the public access terminals within the clerk’s office in the court where the case was filed.
Matter:-SERVICE Hon'ble Mr. Justice Muhammad Karim Khan Agha, Hon'ble Mr. Justice Adnan-ul-Karim Memon(Author) Const. P. 5066/2024 (D.B.) Ayaz Hussain and 432 Others V/S Province of Sindh & Others Sindh High Court, Karachi SHC Citation: SHC-224033 Tag:Given the legal analysis on the topic issue, we're of the view that the claim of the petitioners for retroactive regularization from their Original contract appointment and seniority and promotion thereon, from that angle is not legally seem, besides promotion and seniority, not absolute rights, They can be subject to rules and regulations If your recruitment rules of the subject post permit the case of your petitioners for promotion could possibly be thought of, however, we are obvious inside our point of view that contractual service cannot be regarded as for seniority and promotion since the seniority is reckoned from the date of regular appointment and promotion depends upon seniority cum Health, subject matter to availability of vacancy subject on the approval of your competent authority.
It is now properly-settled that considerations for pre-arrest and post-arrest bail are totally different, therefore, inside our view the realized Judge experienced fallen in error to cancel the bail allowed to petitioner via the same Additional Sessions Judge.”
The case addresses a range of issues including, environmental protection, and an expansive interpretation of your right to life.
لاہور ہائیکورٹ نے قرار دیا ہے کہ پاکستان میں لوگوں کو جھوٹے مقدمات میں ملوث کر دینے کی شکایت عام ہے عدالت نے حکم جاری کیا ہے................
48 . Cr.Misc. 787/2024 (S.B.) Muhammad Anwar V/S S.P Complaint Cell Hyderabad & Others Sindh High Court, Circuit at Hyderabad 2025 SHC HYD 12 Justice from the Peace u/s 22-A is not obliged to afford a possibility of hearing towards the accused party; nor obliged to always or mechanically issue directions for registration of FIR; but is required to consider all relevant factors, with care and caution; to avoid equipment of criminal regulation from being misused; frivolous complaints must be discouraged; relationship, enmity, transactions, litigation and other remedies, are a lot of the relevant factors. Read more
after release from the prison he lost interest to contest the moment appeal , appeal is dismissed (Criminal Jail Appeal )
This case continues to be cited in many subsequent judgments, particularly in cases involving constitutional law, judicial independence, and the rule of regulation.
Should the employee fails to provide a grievance notice, the NIRC may possibly dismiss the grievance petition. This is because the employer has not experienced a chance to answer the grievance and attempt to resolve it. In certain cases, the NIRC may well allow the employee to amend the grievance petilion to include the grievance notice. However, this is usually only performed In the event the employee can show that they had a good reason for not serving the grievance notice. During the present case, the parties were allowed to lead evidence and also the petitioner company responded towards the allegations as a result they were nicely aware about the allegations and led the evidence as such this point is ofno use to get looked into in constitutional jurisdiction at this stage. Read more
this Court is left with no option but to direct the respondents to inform the promotion with the petitioner in next rank .(Promotion)
In case the employee fails to provide a grievance notice, the NIRC may dismiss the grievance petition. This is because the employer has not experienced an opportunity to respond to the grievance and attempt to resolve it. In some cases, the NIRC could allow the employee to amend the grievance petilion to incorporate the grievance notice. However, this will likely be only carried out In the event the employee can show that they had a good reason for not serving the grievance notice. In the present case, the parties were allowed to lead evidence as well as the petitioner company responded for the allegations as a result read more they were effectively aware of the allegations and led the evidence therefore this point is ofno use to get looked into in constitutional jurisdiction at this stage. Bench: Hon'ble Mr. Justice Adnan-ul-Karim Memon(Writer), Hon'ble Mr. Justice Muhammad Abdur Rahman Source: Order: Downloads 173 Order Date: 04-FEB-twenty five Approved for Reporting WhatsApp
14. Inside the light in the position explained over, it really is concluded that a civil servant includes a fundamental right for being promoted even after his retirement by awarding proforma promotion; provided, his right of promotion accrued during his service but could not be considered for no fault of his own and In the meantime he retired on attaining the age of superannuation without any shortcoming on his part about deficiency during the duration of service or while in the form of inquiry and departmental action was so taken against his right of promotion. Read more