Law: Civil Service Rules

Section: 38(c)(i)

Law: Civil Service Rules

Section: 38(c)(i)

Law: Secretariat Allowance (Rescission of Orders, Etc) 130 Ordinance, 2000

Section: 2

(a) Civil Service Rules--- ----R. 38(c)(i)---Secretariat Allowance (Rescission of Orders etc.) Ordinance (XII of 2000), S.2---Conversion of Secretariat Allowance into Personal Allowance---Civil servant drawing such Personal Allowance was retired before promulgation of Secretariat Allowance (Rescission of Orders etc.) Ordinance, 2000---Effect---Vested right had accrued to civil servant at the time of his retirement in terms of unamended R.38(c)(i) of Civil Service Rules---Such Personal Allowance would be reckoned with in calculation of pension of civil servant. Asghar Mahmood and others v. Finance Division and others Civil Appeal No.1298 of 1995; Asghar Ali v. Federation of Pakistan and others Civil Petitions Nos. 350 to 399 of 2002; Messrs Army Welfare Sugar Mills Ltd. and others v. Federation of Pakistan and others 1992 SCMR 1652 and Hashwani Hotels Ltd. v. Federation of Pakistan PLD 1997 SC 3150 fol. (b) Notification--- ----Notification cannot operate retrospectively, if same affects adversely interest of any person. Messrs Army Welfare Sugar Mills Ltd. and others v. Federation of Pakistan and others 1992 SCMR 1652 and Hashwani Hotels Ltd. v. Federation of Pakistan PLD 1997 SC 3150 fol. ORDER TASSADDUQ HUSSAIN JILLANI, J.---Through this order we intend to dispose of Civil Petitions Nos.910, 940 to 970, 1884 to 1887 and 1957 of 2004 as common questions of facts and law are involved. 2. Through these petitions petitioners seek leave to appeal against impugned judgments, dated 27-2-2004, 1-6-2004 and 28-6-2004 vide which the learned Federal Service Tribunal allowed the appeals of the respondents and held that their personal allowance being drawn at the time of their retirement shall be reckoned towards calculation of their pension/Commutation. 3. Facts in brief are that respondents' civil servants served in the Federal Secretariat in various capacities and retired prior to September, 1993. During their service the Secretariat Allowance which the respondents had been receiving had been converted into personal allowance vide office memo. dated 18-12-1989. At the time of their retirement they were receiving the said allowance, therefore, they claimed that the said…

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