‘Assistance package to apply prospectively’


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The Supreme Court has ruled that the Prime Minister’s Assistance Package for Families of Government Employees is not applicable retrospectively. The court has noted that applying the packing retrospectively would open a floodgate for all other “similarly placed persons”.

The government of Pakistan on June 13, 2006 issued “Assistance Package for Families of Government Employees who die in service” – effective from July 1, 2005.

While issuing its verdict on an appeal filed against a Peshawar High Court (PHC) order, a three-judge Supreme Court bench headed by Chief Justice Gulzar Ahmed noted that the PHC erroneously presumed that the package applied retrospectively.

"It is an admitted fact that the respondent's father died in the year 1995 while he [father] was in regular service of the Accountant General KPK being senior auditor.

The order said it is an established principle of interpretation of statutes/notifications/executive/ administrative orders that they would operate prospectively unless they expressly provide for retrospective operation.

“It is clear that the assistance package… was not available at the time when deceased employee died and the same was issued later on with prospective effect, the respondent was not deprived of any right accrued to him at the relevant time by not appointing him," it said.

In view of these reasons, the bench set aside the PHC judgment in which the government was directed to hire the respondent No 1 – Muhammad Ismail – in pursuance of “Prime Minister’s Assistance Package for Families of Government Employees”.

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Original news : https://tribune.com.pk/story/2306807/assistance-package-to-apply-prospectively