' The brief facts out of which the present writ petition arises are that the petitioner was retired after completing the normal period of service by the respondents on 14-4-2001. The petitioner submitted his pension papers to the respondents but the respondents did not finalize the case of the petitioner on the one pretext or the other.
2. The learned counsel of the petitioner submits that petitioner is penalized by the inaction of the respondents. He further submits that pension, salary is not bounty of the State but it is a right of the Government Servant. He further submits that petitioner has submitted various applications before respondents Nos.1 and 2 who did not decide the same till date. The petitioner being aggrieved filed this writ petition.
3. The learned Law Officer entered appearance on Court's call, he submits that writ petition is not maintainable in view of the bar contained in Article 212 of the Constitution read with section 4 of the Service Tribunals Act.
4. 1 have given my anxious consideration to the contentions of the learned counsel of parties and perused the record.
5. In spite of the bar contained in Article 212 of the Constitution read with section 4 of the Service Tribunals Act, this Court has ample jurisdiction to give directions to the public functionaries to act in accordance with law in view of Article 4 of the Constitution while exercising powers under Article 199 of the Constitution in view of the law laid down by the Honourable Supreme Court in H.M. Rizvi's case (PLD 1981 SC 612). It is settled-principle of law that it is the duty and obligation of the public functionaries to decide the representation of their subordinates without fear, favor and nepotism within reasonable time as is envisaged by Article 4 of the Constitution read with section 24-A of the General Clauses Act as per principle laid down by the Honourable Supreme Court in Messrs Airport Support Service v. The Airport Manager, Karachi (1998 SCMR 2268) and Zain Yar Khan v. The Chief Engineer C.R. And others (1998 SCMR 2419). It is now well-settled proposition of law that a person who enters in Government service has also something to look forward after his retirements, to what are called retirement benefits, grant of pension being the most valuable of such benefits. It is also settled proposition of law that pension like salary of a civil servant is no longer a bounty but is a right acquired after putting in satisfactory service for the prescribed minimum period as the law laid down by the Honourable Supreme Court in The Government of the N.-W.F.P. v. Muhammad Said Khan and another (PLD 1973 SC 514). It is also settled principle of law that nobody should be penalized by the inactions of the public functionaries as per principle laid down by this Court in Ahmad Lateef Qureshi v. Controller of Examinations (PLD 1994 Lahore 3). It is also the duty and obligation of the public functionaries to act in accordance with law which is the mandate of the Constitution in view of Article 5(2) of the Constitution as the law laid down by the Honourable Supreme Court in Ch. Zahoor Illahi's case (PLD 1975 SC 383). In this view of the matter, let a copy of this writ petition be sent to respondent No,2, who is directed to decide the appeal-representation of the petitioner strictly in accordance with law after providing proper hearing to all the concerned including the petitioner and any other person who would be aggrieved by his order preferably within two months after receiving the order of this Court. Petitioner is directed to appear before respondent No,2 in his office on 22-9-2003 at 11-00 a.m. Who is directed to decide the appeal- representation of the petitioner strictly in accordance with law in terms of the aforesaid direction preferably within two months till 22-11-2003 either himself or send the same to the competent authority who is also directed to decide the appeal-representation of the petitioner strictly in accordance with law in terms of the aforesaid preferably within two months till 22-11-2003. He is further directed to sumit his report to the Deputy Registrar (Judicial) of this Court within the stipulated period. The learned Law Officer is also directed to send a copy of the writ petition alongwith this order to respondent No,1, who is also directed to look into the matter personally what is happening in his departments that poor people are being penalized by the inaction of the public functionaries and poor people after their retirement could not receive the pension and other benefits within reasonable time on account of the inactions of the public functionaries. He is further directed to submit his report to the Deputy Registrar (Judicial) of this Court within the stipulated period. The learned counsel of the petitioner is directed to hand over a copy of the writ petition alongwith all the annexures to Mr. Muhammad Hanif Khatana, Additional Advocate-General, who is directed to send the same to respondents Nds.1 and 2 for necessary action and compliance. Copy Dasti on payment of usual charges.
' With these observations this writ petition is disposed.