refers to the landmark case decided via the Supreme Court of Pakistan in 2012. Right here’s a brief overview:
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 in the law laid down because of the Supreme Court in the case of Haji Muhammad Ismail Memon, PLD 2007 SC 35. So, the competent authority on the parent department of your petitioner as well as Chief Secretary, Sindh, are liable to release the pensionary amount of your petitioner and pay the pension amount and other ancillary benefits to your petitioner to which he is entitled under the legislation within two months from the date of receipt of this order. The competent authority on the respondent is likewise 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
Therefore, this petition is found to generally be not maintainable which is dismissed along with the pending application(s), as well as the petitioners may request remedies through the civil court process as discussed supra. Read more
Some bodies are specified statutory powers to issue guidance with persuasive authority or similar statutory effect, such as the Highway Code.
139 . Const. P. 5066/2024 (D.B.) Ayaz Hussain and 432 Others V/S Province of Sindh & Others Sindh High Court, Karachi Given the legal analysis on the topic issue, we have been from the view that the claim in the petitioners for retroactive regularization from their Preliminary contract appointment and seniority and promotion thereon, from that angle will not be legally audio, Moreover promotion and seniority, not absolute rights, They may be subject to rules and regulations if the recruitment rules of the topic post permit the case of the petitioners for promotion can be regarded as, however, we are crystal clear inside our point of view that contractual service cannot be thought of for seniority and promotion because the seniority is reckoned from the date of normal appointment and promotion depends upon seniority cum Physical fitness, issue to availability of vacancy issue to your approval in the competent authority.
4. It goes without declaring that observations made hereinabove are only tentative in nature and strictly confined into the disposal of fast bail petition.
73 . Const. P. 288/2024 (D.B.) Engro Fertilizers Limited famous family law cases through Asad Shakil Khan V/S Full Bench of NIRC & others Sindh High Court, Bench at Sukkur Pertaining to the second issue of non-service of grievance notice. Under Section 33 on the Industrial Relations Ac1,2012 (lRA 2012), ifa grievance notice is not really served, the grievance petition may be dismissed. This is because service in the grievance notice can be a mandatory need and also a precondition for filing a grievance petition. The legislation demands that a grievance notice be served around the employer before filing a grievance petition. This allows the employer to respond to the grievance and attempt to resolve it amicably. If your employer fails to respond or resolve the grievance, the employee can then file a grievance petition with the National Industrial Relations Commission CNIRC) In case the organization is transprovincial.
Binding Precedent – A rule or principle set up by a court, which other courts are obligated to adhere to.
This system, for use by members of the Virginia State Bar and their designated staff, allows electronic filing of most civil cases in circuit court.
two. I have listened to the figured out counsel for that parties and figured out DPG at size, perused the record and observed that:-
How much sway case law holds may vary by jurisdiction, and by the precise circumstances on the current case. To examine this concept, look at the following case legislation definition.
this Court is still left with no option but to direct the respondents to inform the promotion with the petitioner in next rank .(Promotion)
This landmark case expanded the fundamental rights to life and dignity by interpreting these rights to encompass the right to a healthy environment. This decision is particularly significant as there aren't any specific provisions in the Pakistani Constitution regarding environmental protection. In relation to environmental legislation in Pakistan, it can be important that the case established the application from the precautionary principle where there is usually a threat to environmental rights, and emphasized the positive obligations on the State in protecting the right into a clean and healthy environment.
115 . Const. P. 6025/2024 (D.B.) Dr. Pritam Das V/S Province of Sindh & Others Sindh High Court, Karachi So far as the stance of your respondents that pensionary benefits might be withheld on account on the allegations leveled against the petitioner, inside our view, section 20 on the Sindh Civil Servants Act of 1973 deals with the pension and gratuity that civil servants are entitled to. However, the act does present for certain circumstances under which a civil servant's pension might be withheld or reduced. These contain if a civil servant is found guilty of misconduct or negligence during their service, their pension may very well be withheld or reduced. If a civil servant is convicted of a serious crime, their pension could be withheld or reduced. In a few cases, a civil servant's pension can be withheld or reduced if he/she fails to comply with certain conditions established through the government.