Case Details

Citation(s)
1996 SLG 797 1996 SLD 797 1996 PLC 1224
Federal Service Tribunal, Islamabad
Appeal No. 8(L) of 1996, decision dated: 17-04-1996.
MUHAMMAD RAZA KHAN AND NASIM SABIR SYED, MEMBERS

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[Federal Service Tribunal] Chaudhry MUHAMMAD DIN

VS

GOVERNMENT OF PAKISTAN through Secretary, Establishment Division, Islamabad and 3 others Chaudhry MUHAMMAD DIN vs GOVERNMENT OF PAKISTAN through Secretary, Establishment Division, Islamabad and 3 o

Law:

Section:

Service Tribunals Act (LXX of 1973)-------S. 4---Appeal---Period of limitation---Starting point---Period of limitation prescribed for filing appeal before Tribunal would run from passing of final order appealed from and not from accrual for cause of action was the usual practice in other civil liabilities---Denial of financial benefits was a recurring liability and cause of action was to be renewed each time when person was paid less. PLD 1983 Lab. 248 and 1991 SCMR 1041 ref. Hafiz Tariq Nasim and Mian Jaffar Hussain for Appellant. Kh. Tariq Masud with M. Latif, Assistant Accounts Officer as Deparmental Representative for Respondents. Date of hearing: 15th February, 1996. JUDGMENT MUHAMMAD RAZA KHAN (MEMBER).---The appellant retired from service as Deputy Auditor-General on 10-6-1972. The pension was computed as Rs.1,540 P.M. but by applying the then prevailing principle of 50% cut on pension in excess of Rs.1,000, the appellant was allowed to draw monthly pension @ Rs.1,270 p.m. Later on, the Pension Rules were liberalized with effect from 1-7-1980 and 50% cut was imposed on the pension excess of Rs.2,000 (which was earlier Rs.1,000). Later on by yet another notification of the Finance Division the scheme of pension was further liberalized and all cuts were removed with effect from 1-7-1985. One Mr. Tufail Ahmed Qureshi had filed a representation to the A.G.P.R., Lahore in 1980 for raising the cut off point from Rs.1,000 to Rs.2,000 and for the restoration of his full pension. This representation was rejected by the department on the ground that the cut off point of Rs.2,000 was admissible to those who retired on or after 1-7-,1980 and not to those who were already retired. As a result of the appeal filed by said Mr. Tufail Ahmad Qureshi, this Tribunal held that the full pension. may be restored to the said appellant with effect from 1-7-1980 without any reduction or deduction. The department filed a petition for leave to appeal before the Honourable Supreme Court and the leave was refused vide judgment of his Lordship Mr. Justice Ajmal Mian in C.P.L.A. No. 493/L of 1994, dated 21-12-1994. On getting the knowledge of the said verdict of Supreme Court the…
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