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
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
The legal question
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.
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Precedent record
Authority and later treatment
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- Approved for reporting; reported citation should be checked when assigned
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- Later treatment
- No later judicial treatment has yet been editorially verified for this record
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Independent analysis
Read Shahbaz Shah's legal commentary
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.
Read full commentary →