| Citation(s) |
|---|
| 1996 SLG 215 1996 SLD 215 1996 SCMR 1073 |
Supreme Court of Pakistan
Civil Appeal No.57 of 1993, decision dated: 19-02-1996. dates of hearing: 18th and 19-02-1996. On appeal against the judgment of the High Court of Sindh, Karachi dated 3-11-1992 passed in C.P. No.460/1989
SAJJAD ALI SHAH, C.J., SALEEM AKHTAR AND MUKHTAR AHMAD, JUNEJO, JJ
Shahudul Haq, Advocate Supreme. Court with Akhlaq A. Siddiqui, Advocate Supreme Court/Advocate-on-Record for Appellants. Ahmedullah Farooqui, Advocate-on-Record for
Respondent
Civil Appeal No.57 of 1993, decision dated: 19-02-1996. dates of hearing: 18th and 19-02-1996. On appeal against the judgment of the High Court of Sindh, Karachi dated 3-11-1992 passed in C.P. No.460/1989
SAJJAD ALI SHAH, C.J., SALEEM AKHTAR AND MUKHTAR AHMAD, JUNEJO, JJ
Shahudul Haq, Advocate Supreme. Court with Akhlaq A. Siddiqui, Advocate Supreme Court/Advocate-on-Record for Appellants. Ahmedullah Farooqui, Advocate-on-Record for
Respondent
BENEVOLENT and another
VS
NAZIR ALAM SHAH
Law:
Section:
(a) Federal Employees' Benevolent Fund and Group Insurance Act (II of 1969)-------S. 13 [as amended by Federal Employees Benevolent Fund and Group Insurance (Amendment) Ordinance (VI of 1988)]---Constitution of Pakistan (1973), Art. 25---Equality of citizens---Two classes of employees, one who are in employment and the others who have retired---If a benefit is given to the persons in employment, which is not extended to the pensioners, then it will not amount to discrimination as both of them belong to different classes and such classification is reasonable. There can be two classes of civil servants, one who are in employment and the others who have retired. If a benefit is given to the persons in employment, which is not extended to the pensioners, then it will not amount to discrimination as both of them belong to different classes, and such classification is reasonable. Such classification will be based on intelligible differentia which distinguishes persons or things that are grouped together from those who have been left out. Such differentia has rational nexus to the object sought to be achieved by such classification. I.A. Sharwani and others v. Government of Pakistan through Secretary, Finance Division and others 1991 SCMR 1041 ref. (b) Federal Employees' Benevolent Fund and Group Insurance Act (II of 1969)--- ----S. 13 [as amended by Federal Employees Benevolent Fund and Group Insurance (Amendment) Ordinance (VI of 1988)]---Benefits to employees--Entitlement---If after the retirement of employee any extra benefits are allowed without providing that the same will be extended to the persons who have retired, the retired persons cannot claim that benefit. Under section 13 as it stood on 12-8-1981 when the employee retired, the benevolent grant was paid till employee attained the age of 65 years. The amendment by which section 13 was substituted and the benevolent grant was to be paid for life was promulgated on 1-8-1988 much after the employee had retired and even after he had received the benevolent fund as provided under the law at that time. The retired employee claimed the benefit of amended section 13 mainly on the basis that there should be no…
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