| Citation(s) |
|---|
| 1999 SLG 419 1999 SLD 419 1999 SCMR 1904 |
Supreme Court of Pakistan
Civil Appeals Nos.422 and 423 of 1994, decision dated: 16-03-1999
AJMAL MIAN, C.J., SH. RIAZ AHMED AND CH. MUHAMMAD ARIF, JJ
K. M.A. Samdani, Senior Advocate Supreme Court and Ch. Akhtar Ali, Advocate-on-Record for Appellant. Yawar Ali Khan, Deputy Attorney-General and Raja A. Ghafoor, Advocate-on-Record for
Respondents
Civil Appeals Nos.422 and 423 of 1994, decision dated: 16-03-1999
AJMAL MIAN, C.J., SH. RIAZ AHMED AND CH. MUHAMMAD ARIF, JJ
K. M.A. Samdani, Senior Advocate Supreme Court and Ch. Akhtar Ali, Advocate-on-Record for Appellant. Yawar Ali Khan, Deputy Attorney-General and Raja A. Ghafoor, Advocate-on-Record for
Respondents
S.A.M. WAHIDI
VS
FEDERATION OF PAKISTAN through Secretary Finance and another
Law:
Section:
(a) Constitution of Pakistan (1973)--Arts. 212(3) & 187(l) --- Civil service --- Special qualification pay to senior officers and special additional pension --- Entitlement --- Jurisdiction of Supreme Court to issue directions, orders or decrees --- Appellant serving as a Solicitor was retired from service allowing him retiring benefits and pension admissible at time of his retirement --- Subsequent to retirement of appellant, Authority by its office memorandum allowed "special qualification pay" to senior officers from B. P. S. 16 to 22. and by another office memorandum granted "special additional pension" to officers of Grade-21 to 22 who were to retire on completion of twenty-five years' service --- Appellant retired prior to issuance of said office memorandums claimed benefit of "special qualifications pay" and "special additional pension", but his claim was rejected --- Validity---"Special qualifications pay allowance" was computed as a part of salary and not as a part of pension and appellant had retired about four years prior to issuance of office memorandum in that respect, appellant could not ask for recalculation of this pension by including said "special qualification pay"---"Special additional pension" granted by office memorandum was payable as pension and appellant being pensioner could not have been discriminated and was entitled to said allowance --- Supreme Court being competent under Art. 187(l) of Constitution of Pakistan (1973) to issue directions, orders or decrees which could be necessary for doing complete justice, declared that appellant was entitled to benefit of "special additional pension" granted under the office memorandum in circumstances. I.A. Sherwani and others v. Government of Pakistan through Secretary, Finance Division, Islamabad and others 1991 SCMR 1041 and M.A. Rashid v. Pakistan through Finance Division, Government of Pakistan, Islamabad and 3 others PLD 1988 Quetta 70 ref. (b) Constitution of Pakistan (1973)--- ----Art. 187(l) --- Supreme Court is competent to issue such directions, orders or decrees as may be necessary for doing complete justice in any case or matter pending before it. JUDGMENT AJMAL MIAN, C.J.…
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