The Lahore High Court (LHC) has ruled that an employee cannot claim an advance increment for an LLB degree if an increment for an MA degree has already been granted.
Justice Shireen Imran issued the 12-page written judgment on a constitutional petition filed by Muhammad Yasin, a former employee of the Federal Ombudsman Secretariat, on Thursday.
The court upheld the deduction of the amount previously paid to Yasin as an advance increment for his LLB degree from his pension.
The judgment held that a financial benefit received incorrectly does not create a permanent legal right, adding that even an employee’s good faith cannot provide legal justification for an unlawful concession.
The court ruled that benefits arising from an illegal act do not enjoy constitutional protection and that the administration retains the authority to correct past errors, even after decades.
According to the judgment, withdrawal of an improper order is within the administration’s legal powers under the General Clauses Act.
The court also held that the Federal Ombudsman Secretariat does not fall within the category of the judiciary or administration of justice, and employees not connected with the judicial system are not entitled to an LLB increment.
The court observed that there is no legal right to retain a financial benefit received due to an error and that there is limited scope for judicial interference in the government’s educational and financial policies.
The LHC declared the deduction of the advance increments granted for the LLB degree lawful and reiterated adherence to a 2024 Supreme Court judgment.
The constitutional petition filed by Muhammad Yasin was dismissed on lack of legal grounds.
PAK SOUCH MEDIA GROUP
Daily Pak Souch Newspaper Sukkur – Daily Pak Special Newspaper Karachi – Daily Pak Today Newspaper Karachi – Daily Pak Jazbo Newspaper Sukkur
Head Office : Ayub Gate Shaikh Muhalla Near Rabbania Masjid Sukkur
Karachi Office : Office No. 1901-B, 19th Floor Saima Trade Tower (B) Block I.I Chandigarh Road Near Jung Press, Shaheen Complex & National Museum of Pakistan Karachi Sindh Pakistan.
Contact : 03009319022
Website 1 : https://paksouch.com/
Website 2 : https://sindhi.paksouch.com/
Website 3 : https://pakjazbo.com/
Website 4 : https://urdu.pakjazbo.com/
About The Author
