Case Details

Citation(s)
2018 SLG 1601 2018 SLD 1601 2018 PLC 657
Supreme Court of Pakistan
Civil Petitions Nos. 3078 to 3130, 3163 to 3180, 3184 to 3203, 3244 to 3258, 3263, 3285 and 3286 of 2016 and Civil Misc. Applications Nos. 6624 to 6626 of 2016 and 5569 of 2017, decided & hearing on 22-11-2017. (Against the judgment Dated 29.06.2016 of th
SARDAR TARIQ MASOOD, JUSTICE, FAISAL ARAB, JUSTICE
Abdur Rehman Khan, Advocate Supreme Court for Petitioners (in C.Ps. Nos. 3078, 3079, 3083, 3085 to 3091, 3093 and 3123 to 3130 of 2016). Muhammad Ikram Chaudhry, Senior Advocate Supreme Court for Petitioners (in C.Ps. Nos. 3094 to 3121 of 2016). Abdul R

MUHAMMAD RAFIULLAH AND OTHERS

VS

ZARAI TARAQIATI BANK LIMITED (ZTBL) THROUGH PRESIDENT, ISLAMABAD AND ANOTHER

Law:

Section:

(a) Civil service--- ----Terms and conditions of service, alteration in--- Terms and conditions of service could not be unilaterally altered by the employer to the disadvantage of the employees. (b) Civil service--- ----Service benefits---Where an employee voluntarily accepted and received benefits under some arrangement with the employer out of his own free will then he could not turn around and seek benefits that were ordinarily applicable to other employees. Zarai Taraqiati Bank Limited v. Said Rehman and others 2013 SCMR 642 ref. (c) Agricultural Development Bank Employees Pension and Gratuity Regulations, 1981--- ----Preamble---Zarai Taraqiati Bank Limited (Staff Regulations), 2005, Preamble---Constitution of Pakistan, Art. 25---Plea of discrimination---Reasonable classification between two sets of employees---Employees of Agricultural Development Bank of Pakistan received their pensionary benefits computed on basis of pension factor of 2.33%---Before Agricultural Development Bank of Pakistan was converted into Zarai Taraqiati Bank Limited, the bank issued a circular which reduced the pension factor to 1.15%---Said circular was applicable to those employees who opted for the Golden Handshake Scheme or were covered under the Zarai Taraqiati Bank Limited (Staff Regulations), 2005 ("first set of employees")---Employees of the Bank, who had neither opted under the Golden Handshake Scheme nor under Zarai Taraqiati Bank Limited (Staff Regulations), 2005 ("second set of employees"), upon their retirement were also given pensionary benefits on the basis of the revised pension factor of 1.15%, however on the orders of the High Court their pension factor was restored to 2.33%---First set of employees contended that their pension factor should also be restored to 2.33% as their terms and conditions of service could not be changed by the Bank unilaterally, and that they were being discriminated against in reference to the second set of employees; held, that the first set of employees received all benefits including pensionary benefits as provided in the scheme under which they exercised their option---Said employees on account of their own voluntary act considered the…
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