' MUHAMMAD FARRUKH IRFAN KHAN, J.--- Petitioner through this Constitutional petition under Article 199 of the Constitution of Islamic Republic of Pakistan, 1973 prays as under:--- "that writ petition may please be allowed and the respondents PCSIR may kindly be directed not to give effect to the impugned letter by deducting the pension of the petitioner being illegal.
' Further that operation of the impugned letter dated 18-3-2010 may please be suspended till the final disposal of the main petition in this honourable Court "
2. Briefly the facts of the case are that the petitioner after retirement on attaining the age of superannuation from respondent PCSIR got employment with the University of Education Lahore respondent No,4 for two years on contract basis w.e.f, 12-12-2007 on fixed remuneration without other facilities like medical and housing etc. During re-employment the petitioner was given medical treatment, by Punjab Institute of Cardiology as retired employee of PCSIR.
3. Grievance of the petitioner is that respondent No,3 through the impugned letter dated 18-3-2010 has stopped the payment of monthly pension through bank w.e.f, 1-4-2010 in. Order to recover an amount of Rs,4,37,505 @ 1/3 of monthly pension w.e.f, April, 2010 for the payment of Rs,3,53,175 on account of indoor and outdoor medical facility and undue payment of pension increase Rs:84,330 from the petitioner.
4. The learned counsel for the petitioner contends that the petitioner has availed the medical facility being a retired officer of PCSIR; that the impugned letter dated 18-3-2010 stopping the monthly pension of the petitioner and also raising a demand of Rs,4,37,505 on account of availing the said medical facility at Punjab Institute of Cardiology is without jurisdiction and of no legal effect; that the petitioner has not applied for re-imbursement or any remuneration from his current contractual employment.
5. The learned counsel for the respondents contends that during reemployment with the respondent No,4 the petitioner falsely claimed that he is not serving anywhere or re-employed in any capacity after retirement from PCSIR; that on this undertaking by the petitioner the amount, in question was released in his favour; that after scrutiny when it came to light that he is in employment of respondent No,4; many opportunities were granted to the petitioner to deposit the amount obtained by way of misrepresentation, through letters dated 7-1-2010 and 29-10-2010; that on failure by the petitioner to deposit the said amount ultimately the impugned letter dated 18-3- 2010 has been issued; that under Rule 5 of the PCSIR Medical Rules the petitioner cannot avail benefits of medical treatment facilities after retirement, if he is re-employed in any capacity; that Rule 5 ibid does not speak about what is included or excluded in the petitioner's re-employment contract with respondent No,4; that as per Finance Division Memorandum O.M.No,F.4(1)R6/2009 dated 13-7-2009 the petitioner is debarred from availing increase in pension during the period he was re-employed by respondent No,4. Relies on S.A.M. Wahid v. Federation of Pakistan and others 2002 PLC (C.S.) 832.
6. Arguments heard. Record perused, it is the case of the petitioner that after retirement from respondent PCSIR he got re-employment with the University of Education Lahore respondent No,4, for two years, on contract basis w.e.f, 12-12-2007 and during re-employment he was given medical treatment by. Punjab Institute of Cardiology. Rule 5 of the PCSIR Medical Attendance and Treatment Rules, 1997 provides that, "regular employees (officers/officials) of the council and their families will continue to be entitled to the benefits available under these Rules even after their retirement from service of the council provided they are in receipt of pension from the council and are not employed elsewhere". Rule 5 (ibid) does not speak about what is included or excluded in the petitioner's re-employment contract with respondent No,4. While submitting the medical claim (available at page 16 of the file) the petitioner gave a false undertaking on 12-9-2009, during his reemployment, that he is not serving anywhere after his retirement from PCSIR. This act of the petitioner was in violation of Rule 5 of the Rules (ibid). On this declaration the respondent PCSIR allowed reimbursement. After inquiry when it came to light that he is re-employed with respondent No:4 a number of opportunities were granted to the petitioner to deposit the amount illegally obtained by him through letters dated 7-1-2010 and 29-1-2010 which the petitioner did not comply with and ultimately the impugned letter dated 18-3-2010 was issued.
7. So far as the increase in pension of the petitioner is concerned, Finance Division Memorandum O.M.No,F.4(1)R6/2009 dated 13-7-2009 issued by the Regulations Wing of Finance Division, Government of Pakistan stipulates that, "the increase in pension allowed by the Government during their re-employment shall not be admissible during the period of their re-employment, but the same will be allowed after the termination of the re-employment contract." During his reemployment the petitioner again made a declaration on 13-8-2009 (available at page 18 of this file) to the effect that, "I am not reemployed anywhere after retirement. Therefore, the increase in pension @ 20% may be paid to me". This false declaration and similar act while seeking re- imbursement of medical claim disentitles the petitioner from seeking any relief from this Court as he has not approached this Court with clean hands. Resultantly, this petition being devoid of any force is dismissed. revisions by the competent authorities. Therefore, it is advisable to consult the official sources or legal professionals for the most up-to-date and accurate information.