Federal Constitutional Court of Pakistan

Province of Punjab through Finance Secretary and another v. Dr. Munir Ahmad Malik

Published on this website

C.P.L.A. No. 392-L of 2025

Citation: Approved for reporting; reported citation not yet assigned

Pakistan | Constitution of the Islamic Republic of Pakistan, 1973 | Article 199Pakistan | Constitution of the Islamic Republic of Pakistan, 1973 | Article 212

Case summary

The judgment in brief

The Federal Constitutional Court held that an employee who performed the duties of a post and later received Selection Board approval could not be denied incentive allowance because the department convened the Board after his transfer.

Question of law

Whether the Lahore High Court could exercise Article 199 jurisdiction over the legality of the departmental refusal and whether an employee who performed the duties of Project Director and later received Selection Board approval could be denied incentive allowance merely because the Board met after his transfer.

Court holding

What the Court decided

The High Court had jurisdiction because the petition challenged the legality of executive action and compliance with the governing legal framework, so Article 212 did not bar the claim. The employee could not be penalized for a Selection Board delay controlled by the department; his actual service and the Board's later approval entitled him to the allowance for the relevant service period.

Result

Outcome and directions

The Province of Punjab's petition was dismissed. Leave to appeal was refused, and the Lahore High Court judgment granting relief to Dr. Munir Ahmad Malik remained undisturbed.

Practical effect

What the decision means in practice

The Province of Punjab's petition was dismissed. Leave to appeal was refused, and the Lahore High Court judgment granting relief to Dr. Munir Ahmad Malik remained undisturbed.

This summary states the immediate effect recorded in the decision. The original judgment and the facts of the particular case remain controlling.

New judgment alerts

Follow this court or legal topic

Receive new judgments and analysis about Federal Constitutional Court of Pakistan, Service Law, Constitutional Law by email.

Primary source

Original judgment and official source

This HTML summary does not replace the court record. Use the linked original judgment PDF or official court source to verify the exact text and directions.

Precedent record

Authority and later treatment

Publication
Approved for reporting; reported citation should be checked when assigned
Primary source
Primary judgment PDF held in the journal library
Later treatment
No later judicial treatment has yet been editorially verified for this record

Treatment labels are added only after the later judgment has been checked; absence of a label is not a statement that no later authority exists.

Research tools

Use this judgment in your research

Compare judgments

Judgment text is provided for legal research and general information. Verify the official court record before relying on it in proceedings.