| Citation(s) |
|---|
| 2018 SLG 1603 2018 SLD 1603 2018 PLC 692 |
Suo Motu Case No. 20 of 2016 and Human Rights Cases No. 7094-P, 26591-P, 15518-P/2015, 25917-S and 26252-S/2016 and 3910-K, 3911-S, 3912-P, 3913-G and 3914-P/2018 and Constitutional Petitions No. 45/2016 and C.M. Appeal No. 203/2016 in Constitutional Petition No. NIL/2016 and Civil Misc. Applications Nos. 7394 and 7484/2016 and 141, 288, 3772, 3374, 892, 1496, 2076, 2655, 2656, 3797, 3912, 3913, 4252, 4253, 4254, 4291, 8234, 9172, 9312, 9313 and 9314/2017 and 57, 45, 301, 381, 454, 577, 511, 592
Tariq Waheed, Dy. Accounts Officer for D.C. Rawalpindi. M. Naseem Butt, Accounts Officer Legal for Accountant General Punjab. Rehan Akhtar, AO for AG Balochistan. Bakhtiarullah, AO for AG Khyber Pakhtunkhwa. Shahid Anwar Bajwa, Advocate Supreme Court (for HBL and ABL). Sikandar Bashir Mohmand, Advocate Supreme Court and Tariq Aziz, Advocate-on-Record (For Hashmat Ali Habib, Advocate Supreme Court (in C.M.A. No.288/2017). Abdul Raheem Bhatti, Advocate Supreme Court and Syed Rifaqat Hussain Shah, Advocate-on-Record (in C.M.As. Nos.1496/2017 and 558/2018). Ms. Ayesha Hamid, Advocate Supreme Court and Raja Muhammad Sarfraz, in person (for retired UBL employees). Syed Ali Zafar, Advocate Supreme Court and Mr. Zahid Nawaz Cheema, Advocate Supreme Court (for HBL). Salman Aslam Butt, Senior Advocate Supreme Court and Mehr Khan Malik, Advocate-on-Record (for UBL/Resp.4 in Const.P.45/2016) Babar A. Khilji, Advocate Supreme Court (in C.M.A. No.883/18) Shoaib Shaheen, Advocate Supreme Court (in C.M.A. No.3797/17) Javed Iqbal, Advocate Supreme Court (for PPCBL). Umer Aslam Khan, Advocate Supreme Court (in C.M.A. No.7394/2016) Rai M. Nawaz Khan Kharal, Advocate Supreme Court (in CMA No.9172/2017) Tariq Mehmood Khokhar, Advocate Supreme Court and Syed Rifaqat Hussain Shah, Advocate-on-Record (for Allied Bank employees in C.M.As. Nos.8234, 9312-9314/2017). Raja M. Farooq, Advocate Supreme Court and Syed Rifaqat Hussain Shah, Advocate-on-Record (in C.M.A. No.892/2017) Ahmed Awais, Advocate Supreme Court, Tipu Salman Makhdoom, Advocate Supreme Court and Mehmood A. Sheikh, Advocate-on-Record (in Constitutional Petition No.45/2016). Syed Rifaqat Hussain Shah, Advocate-on-Record (in C.M.A. No.45/2018). Makhdoom Ali Khan, Senior Advocate Supreme Court
SUO MOTU ACTION REGARDING NONPAYMENT OF RETIREMENT BENEFITS BY THE RELEVANT DEPARTMENTS AND OTHERS, IN THE MATTER OF
Law:
Section:
Civil service--- ----Master and Servant---Minimum pensionary benefits---Retired employees of privatized Banks---Suo motu case concerning minimum pension paid to the retired employees of privatized Banks---Subjecting a pensioner to a life of penury and impoverishment, was a clear violation of his Fundamental Rights to life and dignity as enshrined in Arts. 9 & 14 of the Constitution respectively---Pension given to pensioners must be of a level which allowed them to keep body and soul together---Supreme Court directed that with immediate effect the minimum pension paid to any pensioner (including their widows, where applicable) of the concerned privatized Banks (UBL, HBL and ABL) would be Rs. 8,000 per month; that such payments would be prospective, i.e, from the date of present ; that there would be an annual increase of 5% in the said pension, effective on the 1st of January every year; that the said pension would be paid to all three categories of pensioners, i.e. the "original retirees", those whose pensions were linked to basic pay "frozen" in past years, and in the case of one of the Banks (UBL) to retrenched employees including those who had served the Bank for more than ten years on the date of retrenchment; that employees who were receiving pension sums in excess of Rs.8,000/- shall continue to do so, and those whose pension would fall below the minimum pension (after 5% annual increase, effective on the 1st of January) they shall be paid the minimum pension with 5% annual increase, however, those who had availed the benefit of VSS (Voluntary Separation Scheme) or Golden Handshake Scheme would not be benefited by present ---Suo motu case was disposed of accordingly. Muhammad Waqar Rana, Addl. A.G.P., Rashid Hafiz, DAG, Mian Abdul Rauf, A.G. Islamabad, Shehryar Qazi, Addl. A.G. Sindh, Ayaz Swati, Addl. A.G. Balochistan, Farid Dogar, AAG, Balochistan and Zahid Yousaf Qureshi, Addl. AG Khyber Pakhtunkhwa in attendance. THIS JUDGMENT DELIVERED BY: MIAN SAQIB NISAR, C.J.--- These Suo Motu proceedings initially arose when a large number of complaints were submitted to the Human Rights Cell of this Court, wherein retired employees of various departments…
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