890/2020 Const. P. Dr. Ashraf Sadique (Petitioner) V/S The Governor of Sindh and Others (Respondent)
Bench: Hon'ble Mr. Justice Muhammad Karim Khan Agha, Hon'ble Mr. Justice Adnan-ul-Karim Memon(Author)
890/2020 Const. P. Dr. Ashraf Sadique (Petitioner) V/S The Governor of Sindh and Others (Respondent) Sindh High Court
Bench: Hon'ble Mr. Justice Muhammad Karim Khan Agha, Hon'ble Mr. Justice Adnan-ul-Karim Memon(Author) Order Date: 14-MAY-25
Since the petitioner already received the Orderly Allowance, besides other officers also received such allowance as per the syndicate decision, recovery from the petitioner???s pension based on the governors' findings is unwarranted. On the aforesaid proposition, we are guided by the decision of Supreme Court in the case of Shams-ur-Rehman v Military Accountant General 2020 SCMR 188, whereby the Supreme Court by applying the principle of estoppel against the department from recovering the emoluments and benefits from the petitioner. 11. While pension law is not an absolute shield against recovery in cases of overpayment, losses, dues, or misconduct, in this specific case, as the Orderly Allowance had already been paid and acted upon, therefore, the Governor of Sindh's order regarding recovery is set aside, while the rest of the order is maintained. 12. In view of the above facts and circumstances of the case, this petition is partly allowed on these terms.