4216/2022 Const. P. Habib Nasir Siddiqui and Others (Petitioner) V/S Fed. of Pakistan and Others (Respondent)
Bench: Hon'ble Mr. Justice Adnan-ul-Karim Memon(Author)
4216/2022 Const. P. Habib Nasir Siddiqui and Others (Petitioner) V/S Fed. of Pakistan and Others (Respondent) Sindh High Court
Bench: Hon'ble Mr. Justice Adnan-ul-Karim Memon(Author) Order Date: 27-MAR-24
Touching to the last proposition, it is well-settled law that a legislative act to nullify a judgment, without taking away its basis, is an impermissible exercise. Whereas in the present case, this Court in the case of Syed Mansoob Ahmed Bukhari and 28 others as discussed supra, directed the Competent Authority for inclusion of Orderly Allowance in pensionable; emoluments of the petitioners under law and dicta laid down by the Honorable Supreme Court of Pakistan, in the above-referred matter, as well as the observation made in the preceding paragraphs, however the respondent CAA without taking away the basis of the order omitted sub-regulation 10 of Regulation 46, which exercise amounts to nullify the effect of the order, which is not permissible under the law.