Case Details

Citation(s)
2008 SLG 1389 2008 SLD 1389 2008 PLC 1191
Lahore High Court
Writ Petition No.11482 of 2006, decided on 24th March, 2008.
SYED ASGHAR HAIDER AND HAFIZ TARIQ NASIM, JJ
Muhammad Usman Arif for Petitioner. Muhammad Rafique Shad for
Respondents.

Sheikh ABDUL MAJEED

VS

CHIEF EXECUTIVE, PROGRESSIVE PAPER LIMITED/ CHAIRMAN, NATIONAL PRESS TRUST and 2 others

Law: Punjab Civil Servants Act, 1974 

Section: 18

Law: Constitution of Pakistan, 1973

Section: 199

Punjab Civil Servants Act (VIII of 1974)---   ----S. 18---Constitution of Pakistan (1973), Art.199---Constitutional petition---Pension---Entitlement---Petitioner serving as calligrapher, though was terminated from service, but was allowed pension---Petitioner having not been paid said pension, filed appeal before Service Tribunal, which was accepted, and employers were directed to pay pension to petitioner under Privatization of Progressive Papers Limited Pension Rules, 1985---Petition for leave to appeal before Supreme Court by employers against of Service Tribunal was also dismissed---Petitioner, despite the of the Supreme Court in his favour, was deprived of his lawful right of pension, which otherwise was contempt of the Supreme Court---Constitutional petition by the petitioner was allowed with direction to employers/Privatization Commission to make arrangement for the pension and due emoluments and pay same to the petitioner, within specified period.    M.A. Rashid Rana v. Chief Secretary 1999 PLC (C.S.) 623; Ghulam Sarwar v. Habib Bank Limited 2001 PLC (C.S.) 198 and Muhammad Siddique Detho v. State Life Insurance Corporation 2005 PLC (C.S.) 946 ref. ORDER The backdrop of this writ petition is that the petitioner who was a calligrapher in the Progressive Paper Limited was terminated on 30-11-1991 but was allowed pension at the rate of 40% of his salary. However, he was not paid pension since 1-12-1996 and as such approached the Federal Service Tribunal through Appeal No.411/L of 1999. The petitioners appeal was accepted through judgment, dated 28-7-2004 whereby the respondents were directed to pay pension to the petitioner under the P.P.L. Pension Rules, 1985 with effect from 1-12-1996. 2. Aggrieved by the judgment of the Federal Service Tribunal, the Chief Executive, Progressive Paper Limited through its Chairman filed C.P. No.2680/L of 2004 before the Honourable Supreme Court but the leave was declined and the petition was dismissed in the following terms: -- The petitioner had denied pension to an employee for almost 10 years and had dragged him into litigation before all kinds of fora. In this view of the matter, the petitioner is…
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