Law: Constitution of Pakistan, 1973

Section: 185(3)

Master and servant--- ----Voluntary Separation Scheme (VSS)---Emoluments---Calculation of emoluments on basis of Last basic pay after availing VSS---Documentary evidence (Last Pay Certificate and Initial Pay Slip) showed basic pay of appellant as Rs. 8070/- , however during his cross-examination before the Tribunal below, he inadvertently mentioned his basic salary as Rs. 7,605---Held, that if a person had or had been bestowed some legal right and he omitted to claim such legal right through oral assertion but the best documentary evidence of the case was found in his favour then the documentary evidence should be given credence---In the present case the inadvertent statement of the appellant qua his basic pay had no force and could not be used to deprive him of his valuable rights---Supreme Court directed the respondent-department to recalculate the monthly pension and the amount of outstanding house building advance of the appellant in the light of his basic salary mentioned in the documentary evidence i.e. Rs. 8070/- and pay the difference to the appellant within a period of one month---Appeal was allowed. JUDGMENT SAYYED MAZAHAR ALI AKBAR NAQVI, J.---Through this appeal by leave of the Court under Article 185(3) of the Constitution of Islamic Republic of Pakistan, 1973, the appellant has called in question the judgment dated 01.02.2017 passed by the Peshawar High Court, Peshawar, whereby writ petition filed by him was dismissed. 2. Succinctly stated the facts of the matter are that the appellant was working as Senior Accounts Clerk (BPS-11) in the respondent department. Pursuant to introduction of Voluntary Separation Scheme (VSS), the appellant applied for the same. Considering his basic salary as Rs.7605/- per month, he was paid emoluments of Rs.198,8999/- vide letter dated 05.03.2008. At the time of final settlement, an amount of Rs.81,520/- was also recovered on account of outstanding house building advance. However, the appellant claimed that his last basic pay was Rs.8070/- and the emoluments should be calculated on the basis of this last pay. According to him, the outstanding amount of house building advance was Rs. 77750/- instead of Rs. 81520/-.…

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