Law:

Section:

Civil service--- ----Pensionary benefits---Different rates of increase in pension dependent on date of retirement---Plea of discrimination---Reasonable classification---In terms of impugned Office Memorandums, those employees who retired on or before 01-12-2001 were given 20% rise in pension whereas those who retired thereafter were given only 15% rise---Petitioner contended that there should not be two different rates of increase and all pensioners should be given the same percentage of increase in pension irrespective of their dates of retirement; held, that distinction between 'old pensioners' and 'new pensioners was necessary as the quantum of pension was determined keeping in view the difference of pay in different time periods---Argument of discrimination raised by the petitioner had to be rejected as bifurcation between pensioners was considered necessary in order to maintain a uniform rise in pension due to the different rate of salaries the ex-employees were drawing at the time of their retirement---Petition for leave to appeal was dismissed accordingly. Federation of Pakistan v. I.A. Sherwani and others 2005 SCMR 292 ref. THIS JUDGMENT PASSED BY: FAISAL ARAB, JUSTICE:---.--- Vide Office Memorandum dated 04.09.2001, Government of Pakistan revised basic pay scales and fringed benefits of all its civil employees. On account of such revision, revised pension scheme was also introduced under the same Office Memorandum whereundcr option was given to the employees either to draw pay in the existing basic pay scales that were lastly revised in 1994 or under the new revised scales. The petitioner, an employee of Pakistan Railways, is one of those employees who opted for pay scales that were revised in 1994. After exercising such option, petitioner retired from service on 31.03.2002 upon attaining the age of superannuation. 2. The dispute in these proceedings relates to quantum of increase that was made in pensions under the Office Memorandum No. F.4(1)-Reg.6/2009 dated 13.07.2009 and Office Memorandum No. F.4(1)-Reg.6/2010/721 dated 05.07.2010 whereby the pension was increased . with effect from 01.07.2009 and 01.07.2010 respectively. In terms of both these…

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