| Citation(s) |
|---|
| 2019 SLG 1288 2019 SLD 1288 2019 SCMR 915 |
Supreme Court of Pakistan
Civil Appeals Nos. 805, 1438, 1443, 1439, 1442, 1440, 1444, 1445, 1441, C.M.As. Nos. 2841, 2842 of 2016 in C.As. Nos. 1438, 1439 of 2016, Civil Petitions Nos. 124 to 128, 269 to 271 of 2017 and Civil Petitions Nos. 3446 and 3447 of 2016, decided on 16-04-
FAISAL ARAB, JUSTICE SYED MANSOOR ALI SHAH, JUSTICE
Petitioner(s) by: Sohail Mehmood, DAG (in C.As. Nos. 805, 1441 to 1445 of 2016 and C.Ps. Nos. 3446 and 3447 of 2016). Hafiz S.A. Rehman Senior Advocate Supreme Court (in C.As. Nos. 1438 to 1440 of 2016). Syed Ishtiaq Haider, Advocate Supreme Court (in C
Civil Appeals Nos. 805, 1438, 1443, 1439, 1442, 1440, 1444, 1445, 1441, C.M.As. Nos. 2841, 2842 of 2016 in C.As. Nos. 1438, 1439 of 2016, Civil Petitions Nos. 124 to 128, 269 to 271 of 2017 and Civil Petitions Nos. 3446 and 3447 of 2016, decided on 16-04-
FAISAL ARAB, JUSTICE SYED MANSOOR ALI SHAH, JUSTICE
Petitioner(s) by: Sohail Mehmood, DAG (in C.As. Nos. 805, 1441 to 1445 of 2016 and C.Ps. Nos. 3446 and 3447 of 2016). Hafiz S.A. Rehman Senior Advocate Supreme Court (in C.As. Nos. 1438 to 1440 of 2016). Syed Ishtiaq Haider, Advocate Supreme Court (in C
FEDERATION OF PAKISTAN THROUGH SECRETARY FINANCE AND OTHERS
VS
MUHAMMAD SHARIF AND OTHERS
Law:
Section:
Civil service--- ----Salary and pension, increase in---Increase of Rs.300/- per month in salary and 10% in pension, entitlement to---Prime Minister announced ad hoc relief for the government employees including an increase of Rs.300/- per month in their salaries w.e.f. 01-03-1997 and an increase in the pension by 10% (ten percent)---Such announcement was officialized through Office Memoranda, wherein it was clarified that benefit of an increase in pension was admissible to those Government servants who were retired prior to 01-03-1997---Respondents (government employees), who admittedly retired after 01-03-1997, claimed that they were entitled to 10% increase in the pension after they had already availed the benefit of increase in monthly salary of Rs.300/- while they were in service---Held, that ad hoc relief was extended by the then Prime Minister by granting an increase of Rs.300/- in the salary of government employees and an increase of 10% in the pension of the employees who retired prior to the date 01-03-1997---Relevant Office Memoranda showed that two distinct reliefs were granted, one for the employees in service through increase in salary and the other for retired employees through increase in pension--- Retired employees were those who retired prior to 01-03-1997, as had been clarified in one of the Office Memoranda---Ad hoc relief of 10% increase in pension was only admissible to employees who stood retired prior to 01-03-1997---Respondents, thus, could not claim both the benefits; one of increase in the monthly salary by Rs.300/- while in service; and the other of increase in pension after retirement---Cutoff date of 01-03-1997 was critical and had relevance, as it split the employees into two broad categories of in service employees on the cutoff date and retired employees on the cutoff date for the purposes of the ad hoc relief---Extending 10% increase in pension to the employees who were in service on 01-03-1997 went against the scheme of the ad hoc relief as it created an imbalance between the two classes of employees by extending unjust advantage to one class of employees i.e., the in service employees on the cutoff date, who would walk away…
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