Law:

Section:

Civil service--- ----Employees of Pakistan Telecommunication Company Limited---Retirement of employees under Voluntary Separation Scheme---Stoppage of pension of employees for recovery of dues of employer on account of rent for accommodation---Scope---Trial Court ordered the employer to pay all the arrears of pension to the plaintiff-employees---Validity---Employees in Voluntary Separation Scheme had given an undertaking that if they did not vacate the subject premises employer-company would be entitled to cut their accommodation charges from their pension---Pension was not bounty from the State (employer) to servant (employee) but was based on the resolution that an employee had served the employer in best days of his ability and capacity---Employer was to compensate the employee for the services so rendered during his disability---Stoppage of pension might cause suffering, distress and other financial and ancillary problems to the retired employee---Employees had established a prima facie case and balance of convenience also lay in their favour---Stoppage of pension during pendency of suit was unjustified---Trial Court was to decide whether employer-company was entitled to deduct/adjust the rent from pension of employees---Appeal was dismissed in circumstances. THIS JUDGMENT DELIVERED BY: ADNAN-UL-KARIM MEMON, JUSTICE:---.--- The Appellant-Company has filed the captioned Appeal through its General Manager as legal representative against impugned Order dated 16.07.2012 passed by learned Single Judge of this Court (original side) in Civil Suit No. 88 of 2011 whereby two applications are allowed that is, one under Order XXXIX, Rules 1 and 2, C.P.C. (C.M.A. No. 593/2011) for restraining the Appellant-Company from threats and stopping of pension of the Respondents and another under Section 151, C.P.C. (C.M.A. No.595/2011) for release of pension to Respondents from July to September, 2009 and w.e.f. May 2010 till date as per schedule annexed with the plaint so also future pension in the above referred Civil Suit. 2. Gist of the case is that on 13.01.2011, Respondent Nos.1 to 50 filed Civil Suit No.88 of 2011 before this Court (O.S.) for Declaration, Injunction and…

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