| Citation(s) |
|---|
| 2014 SLG 243 2014 SLD 243 2014 PLC 831 |
Supreme Court of Pakistan
Civil Appeals Nos. 581 to 598 of 2012, decided on 7thAugust, 2013. Date of hearing: 11th February, 2013.
IFTIKHAR MUHAMMAD CHAUDHRY, C.J., GULZAR AHMED AND SH. AZMAT SAEED, JJ
Dil Muhammad Alizai, D.A.G. for Appellant.Muhammad Munir Piracha, Senior Advocate Supreme Court for
Respondents (in C.As. Nos. 81, 582, 584, 589, 591, 594 and 598 of 2012).Muhammad Ibrahim Satti, Senior Advocate Supreme Court for
Respondents (in C.As.
Civil Appeals Nos. 581 to 598 of 2012, decided on 7thAugust, 2013. Date of hearing: 11th February, 2013.
IFTIKHAR MUHAMMAD CHAUDHRY, C.J., GULZAR AHMED AND SH. AZMAT SAEED, JJ
Dil Muhammad Alizai, D.A.G. for Appellant.Muhammad Munir Piracha, Senior Advocate Supreme Court for
Respondents (in C.As. Nos. 81, 582, 584, 589, 591, 594 and 598 of 2012).Muhammad Ibrahim Satti, Senior Advocate Supreme Court for
Respondents (in C.As.
FEDERATION OF PAKISTAN through SecretaryVSSULTAN AHMAD SHAMS and 17 others
Law:
Section:
(a) Service Tribunals Act (LXX of 1973)--- ----S. 4---Civil Service Regulations, Regln. 486---Constitution of Pakistan, Art. 185(3)---Leave to appeal was granted by Supreme Court to consider, whether Special Additional Allowance, Special Relief Allowance, Ad hoc Relief Allowance and Dearness Allowance etc. were liable to be included in pensionable emoluments and were reckonable towards calculation of pension under the law. (b) Service Tribunals Act (LXX of 1973)--- ----S. 4---Civil Service Regulations, Regln. 486---Emoluments---Basis of pension---Respondents were retired civil servants who claimed payment of pension by addition of Special Additional Allowance, Special Relief Allowance and Additional Ad hoc Relief---Service Tribunal allowed appeals filed by retired civil servants and directed to include the same in calculation of their pensionary benefits---Validity---Term "emoluments" was to be calculated upon what the officer was receiving immediately before his retirement i.e. Basic Pay, Senior Post Allowance, Special Pay of all types and nature, Personal Pay, Technical Pay, Indexed Pay, Increments accrued during Leave Preparatory to Retirement and any other emoluments which might be specially classed as pay---Term "emoluments" as defined by Civil Service Regulations, Regln. 486, apparently seemed to be all inclusive and though word "include" had been used but it did not seem to enlarge the scope from the one that was enumerated in its items (a) to (h)---Term "include" as appearing in Civil Service Regulations, Regln.486, did not include alien and extraneous elements for calculation of emoluments rather it would confine itself to the incidence attached to or connected with enumerated items (a) to (h)---Service Tribunal in its , omitted to consider Civil Service Regulations, Regln.486, although Federal Government in its para-wise comments had specifically raised defence that Civil Service Regulations, Regln.486 did not include allowances claimed by retired civil servants in emoluments reckonable towards calculation of pension---In Office Memorandums by which the allowances were granted, it was specifically noted that such allowances would not be treated as…
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