Law:

Section:

(a) Civil Service Regulations (CSR)--Art. 486---Emoluments and Average Emoluments-- Pensionary benefits, calculation of---Scope---Consistent with Civil Service Regulations (CSR), Art. 486, emoluments are to be calculated upon what the officer was receiving immediately before his retirement i.e. Basic Pay, Senior Post Allowance, Special Pay of all types and nature, Personal Pay, Technical Pay, Index Pay, Increments accrued during leave preparatory to retirement (LPR), and any other emoluments which may be specially classed as Pay---Term emoluments as is defined by CSR 486 apparently seems to be all inclusive and though the word include has been used but it does not seem to enlarge the scope from the one that is enumerated in items (a) to (h) of CSR 486---Term include as appearing in CSR 486 will not include alien and extraneous elements for calculation of emoluments rather it will confine itself to the incidence attached to or connected with enumerated items (a) to (h). Federation of Pakistan through Secretary v. Sultan Ahmed Shams and 17 others 2014 SCMR 570 ref. (b) Civil service--Conditional or qualified grant---Scope----No vested right can be claimed on the basis of a conditional or qualified grant unless its conditions are fulfilled. JUDGMENT: MUHAMMAD ALI MAZHAR, JUSTICE:---.--- This Civil Petition for leave to Appeal is directed against the Judgment dated 22.01.2020 passed by the learned Federal Services Tribunal, Islamabad (Karachi Bench) whereby the appeal of the petitioner was dismissed. 2. The brief facts of the case are that the petitioner joined WAPDA on 11.12.1973. He was retired from service on 31.12.1999 on attaining the age of superannuation. His case is based on the plea that during service, he was allowed three ad hoc reliefs and after his retirement, WAPDA has only accorded the benefit of ad hoc relief of Rs.300/- and 7% cost of living allowance of Rs.357/- for the calculation of monthly pension but the effect or benefit of Special Additional Allowance of Rs.634/- was not afforded while working out his pensionary benefits. 3. The petitioner argued in person that the learned Service Tribunal has wrongly held that the petitioner is not entitled…

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