Law: Constitution of Pakistan, 1973

Section: 25,199

(a) State Bank of Pakistan Banking Services Corporation (Bank) Staff Regulations, 2005---   ----Reglns. 17(i) 18(iii)---Constitution of Pakistan (1973), Arts.25 199---Constitutional petition---Voluntary retirement from service in September, 2006---Grant of dearness allowance by Bank w.e.f. 1-9-2006 at rate of 17% of monthly monetized salary of each employee as on 30-6-2006 as a separate allowance not calculable for pensionary benefits---Receipt of retirement dues by petitioners on basis of monetized salary (i.e. lump sum salary including all allowances)---20% increase in monetized salary of existing staff of Bank w.e.f. 1-6-2007 including such dearness allowance---Petitioners prayer after having received retirement dues for merger of dearness allowance in monetized salary for calculating their retirement benefits w.e.f. June 2006 and grant of arrears accordingly---Validity---Petitioners during their tenure had not objected to grant of dearness allowance---Subsequent increase in monetized salary by 20% of existing staff would henceforth would be used as a basis. for calculation of pension, gratuity, provident fund etc.---According to Art.25 of the Constitution, all persons equally placed i.e. falling under same category or belonging to same group, would be entitled to equal treatment---Petitioners, after having severed their connections with Bank constituted a different class as compared to those still in service falling in a different category---Petitioners had not been discriminated---Petitioners had not disclosed recent increase in their pensions, thus, to such extent they had not approached the court with clean hands---No restriction could be placed on right of employer to provide additional benefits/incentives to its existing employees---Petitioners were estopped by their conduct to claim such merger after having voluntarily opted for and accepted benefits of pre-mature retirement package offered to them by Bank---High Court dismissed constitutional petition in circumstances.   Wali-ur-Rehman and others v. State Life Insurance Corporation and others 2006 SCMR 1079 rel.   (b) Constitution of Pakistan (1973)---   ----S. 25---Equally placed…

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