Case Details

Citation(s)
2012 SLG 1622 2012 SLD 1622 2012 SCMR 1914
Supreme Court of Pakistan
Civil Petitions Nos. 549 to 559 and 575 to 589 of 2012, decision dated: 24-04-2012
IFTIKHAR MUHAMMAD CHAUDHRY, C.J., KHILJI ARIF HUSSAIN AND TARIQ PARVEZ, JJ

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FEDERATION OF PAKISTAN

VS

GHULAM MUSTAFA and others

Law:

Section:

Constitution of Pakistan-------Arts. 212(3) & 25---Civil service---Increase in commuted pension---Equality of citizens---Entitlement to equal relief---Two pensioners were granted increase on their commuted pension by the High Court and Supreme Court---Federal Service Tribunal in view of Art.25 of the Constitution, which guaranteed equal treatment to all, granted same relief to the pensioners in the present case (respondents)---Validity---Pensioners, in the present case, had to be treated at par with the pensioners in whose favour decision had been taken by the High Court and Supreme Court---In absence of any reasonable classification, no exception could be taken to the impugned of the Federal Service Tribunal---No question of public importance within the meaning of Art.212(3) of the Constitution had been pointed out---Petitions for leave to appeal were dismissed in circumstances, and leave was refused. Akram ul Haq Alvi v. Joint Secretary (R-II) Government of Pakistan, Finance Division, Islamabad and others Civil Appeal No.254-L of 2011 ref. Syed Zafar Abbas Naqvi, Advocate Supreme Court along with Ehsan Ahmed and Muhammad Khalid, Section Officers for Petitioner. Nemo for Respondents. Date of hearing: 24th April, 2012. ORDER IFTIKHAR MUHAMMAD CHAUDHRY, C.J.---The listed petitions have been filed under Article 212(3) of the Constitution of Islamic Republic of Pakistan, 1973 for leave to appeal against judgment dated 5-1-2012, passed by the Federal Service Tribunal, Islamabad; relevant paras, therefrom are reproduced hereinbelow:-- "2. The issue has been resolved in that judgment. However, the objection of the respondents is that in the said appeals Finance Division was not a party. Today we have heard the Finance Division also. Two persons namely Mr. A.A. Zuberi and Syed Abrar Hussain Naqvi had filed Writ Petition in the High Court and had succeeded in getting increase on the commuted pension. Their appeals in the Hon'ble Supreme Court were dismissed as time barred. It means that the judgment of the High Court had attained finality. The two pensioners were granted increase on the commuted pension. Article 25 of the Constitution of Pakistan guarantees equal…
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