| Citation(s) |
|---|
| 2015 SLG 3101 2015 SLD 3101 2015 PLC 1313 |
Supreme Court of Pakistan
C.P.L.A. No. 676-K of 2013, decided on 2nd April, 2015
NASIR-UL-MULK, C.J., ANWAR ZAHEER, JAMALI AND MAQBOOL BAQAR, JJ
Petitioner in person. Akhtar Ali Mehmood, Advocate Supreme Court as Amicus Curiae. Mehmood Abdul Ghani, Advocate Supreme Court and K.A. Wahab, Advocate-on-Record for
Respondent. M. Aslam Butt, Dy. Attorney General for
Respondents Nos.2 - 3 (on Courts Noti
C.P.L.A. No. 676-K of 2013, decided on 2nd April, 2015
NASIR-UL-MULK, C.J., ANWAR ZAHEER, JAMALI AND MAQBOOL BAQAR, JJ
Petitioner in person. Akhtar Ali Mehmood, Advocate Supreme Court as Amicus Curiae. Mehmood Abdul Ghani, Advocate Supreme Court and K.A. Wahab, Advocate-on-Record for
Respondent. M. Aslam Butt, Dy. Attorney General for
Respondents Nos.2 - 3 (on Courts Noti
MUHAMMAD ASHRAF and others
VS
UNITED BANK LIMITED and others
Law:
Section:
(a) Constitution of Pakistan--- ----Art. 185(3)---Increase in pension, entitlement to---Ex-employees (petitioners) of respondent-bank, who retired before its privatization, claimed that they were entitled to increase in their pension as per terms of privatization agreement of the bank---Contention of bank that clause of the privatization agreement dealing with increase in pension was only applicable to employees/staff who were in service at the time of the privatization agreement, and not to ex-employees who had retired before the privatization agreement---Validity---Record revealed that the petitioners had retired much prior to the privatization of the bank---Privatization agreement of the bank did allow some protection as regards the benefits and facilities enjoyed by the employees/staff of the bank, who were in service at the time of the privatization agreement---Privatization agreement did not cover/protect the claim of pensionary benefits of employees, who had retired during the period before the privatization agreement---On humanitarian ground, one may have sympathy with the petitioners for their meagre pensionary benefits, during present times of high cost of living, but such fact alone was not sufficient to make them entitled for the relief of increase in pensionary benefits---Petition for leave to appeal was dismissed accordingly and leave was refused. (b) Constitution of Pakistan--- ----Art. 199--- Constitutional petition before High Court---Maintainability---Private bank---Constitutional petition filed before the High Court against a private bank, having no statutory rules---Such a petition was not maintainable to entertain the grievance of the petitioner. JUDGMENT ANWAR ZAHEER JAMALI, J.---The petitioners, ex-employees of United Bank Limited (respondent No.1), who were retired much before its privatization on 19-10-2002, have filed this civil petition for leave to appeal against the judgment of the High Court of Sindh, Karachi dated 20-3-2013, whereby their Constitution Petition No.2781 of 2010, seeking directions against respondent No.1 for increase in their pension, was disposed of, leaving it open for them to avail their remedy as may be…
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