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Petitioner: PUNJAB EMPLOYEES' SOCIAL SECURITY INSTITUTION, LAHORE VS Respondent: MANZOOR HUSSAIN KHAN
1992 P L C (C
1992 P L C (C.S.) 417
[Supreme Court of Pakistan]
Present: Shafiur Rahman and Rustam S. Sidhwa, JJ
PUNJAB EMPLOYEES' SOCIAL SECURITY INSTITUTION, LAHORE and others
Versus
MANZOOR'HUSSAIN KHAN and others
Civil Appeals Nos.554 and 555 of 1990, decided on 11th December, 1991.
(On appeal from the judgments of Lahore High Court, Lahore, dated 12-2-1989 passed in Writ Petitions Nos. 6232/1988 and 6744/1988).
(a) West Pakistan Employees' Social Security Ordinance (X of 1965)--
----S.4---Constitution of Pakistan (1973), Art.185(3)---Leave to appeal was granted to examine whether power to grant advance increments as an award was possessed by the Commissioner Social Security Institution and could not be revoked, once granted, by the Governing Body of the Institution.
(b) Constitution of Pakistan (1973)---
----Art.185---Law Reforms Ordinance (XII of 1972), S3---West Pakistan Employees' Social Security Ordinance (X of 1965), S.5---Appeal before Supreme Court---Competency---Employees of Social Security Institution---. Advance increments granted by the Commissioner Social Security Institution revoked by the Governing Body of the Institution---High Court in Constitutional jurisdiction declaring revocation of advance increments to be without lawful authority and of no legal effect---Validity--Appeal to Supreme Court---Competency---Preliminary objection to the competency of appeal filed in Supreme Court was raised on the ground that decision of Governing Body of Social Security Institution being not open to appeal, review or revision in any forum, intra-Court appeal was competent and respondent having not preferred same, appeal before Supreme Court was not competent---Such preliminary objection though technically had force, nevertheless, question involved on merits being substantially of law and also Fundamental Rights, such objection was not given effect to.
(c) West Pakistan Employees' Social Security Ordinance (X of 1965)--
----S.5---Revocation of advance increments by the Governing Body of Social Security Institution---Validity---There being policy decision of the Governing Body to the effect, to recognise and reward meritorious service by grant of honoraria and increments and financial allocation for that purpose having been enhanced, mere fact that Rules or Regulations on the subject were not framed would not mean that such recognition could not take place---Governing Body's decision to revoke advance increments on meritorious service granted by Commissioner, Social Security Institution was thus not valid being without lawful authority and of no legal effect.
(d) West Pakistan Employees' Social Security Ordinance (X of 1965)--
----S.5---Advance increments granted by Commissioner Social Security Institution on meritorious services of employees---Governing Body of Social Security Institution withholding such advance increments beyond a specific date---Validity---Governing Body, while upholding grant of advance increments prior to specific date/year, recognised the authority of the Commissioner to grant the same---Commissioner Social Security Institution being the Chief Executive and also the competent Authority to award such increments, such a power would appear to be a part of the power of appointment and execution of the policy decision of the Governing Body of the Social Security Institution.
(e) West Pakistan Employees' Social Security Ordinance (X of 1965)--
----S.5---Advance increments granted by Commissioner Social Security Institution on meritorious services--Governing Body of Institution revoking such decision beyond a specified date---Validity---Governing Body of Social Security Institution had demonstrated an unreasonable discrimination by fixing a date prior to which grant of such advance increments had been protected and after which such grants had been revoked---No sanctity would attach to the specified date or period as determined by the Governing Body of the Social Security Institution---Criteria adopted that such grants against which protests had been made, and those against which protests had not been made, was, neither a rational criteria nor a criteria which could be approved for adoption by public functionaries---Such course would encourage protests and protest by itself would become a good ground for doing away with actions otherwise good and commendable---Each case had to be examined on its own merit or a pervasive evil had to be identified before such a discriminatory decision could be taken---Decision of Governing Body revoking advance increments on meritorious services was, thus, not valid.
(f) West Pakistan Employees' Social Security Ordinance (X of 1965)--
----S.5---Constitution of Pakistan (1973), Art.185(3)---Revocation of advance increments granted on meritorious services---High Court's decision declaring such revocation to be without lawful authority and of no legal effect suffered from no such legal infirmity as would require interference in appeal---Appeal was dismissed in circumstances.
Iftikhar Ahmad Dar, Advocate instructed by Muhammad Aslam Chaudhry, Advocate-on-Record for Appellants.
Faqir Muhammad Khokhar, Advocate instructed by S. Abul Asam Jafri, Advocate-on-Record for Respondents.
Date of hearing: 11th December, 1991.