| Citation(s) |
|---|
| 2010 SLG 2671 2010 SLD 2671 2010 SCMR 421 |
Supreme Court of Pakistan
Civil Petitions Nos.123-K and 179-K of 2007, decision dated: 5-08-2009
JAVED IQBAL, SAYED ZAHID HUSSAIN AND MUHAMMAD SAIR ALI, JJ
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Civil Petitions Nos.123-K and 179-K of 2007, decision dated: 5-08-2009
JAVED IQBAL, SAYED ZAHID HUSSAIN AND MUHAMMAD SAIR ALI, JJ
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STATE BANK OF PAKISTAN and others
VS
. Mst. MUMTAZ SULTANA and others--Respondents
Law:
Section:
(a) Constitution of Pakistan (1973)-------Arts. 25, 189, 190 & 185(3)---Civil Service---Voluntary Golden Handshake Scheme (VGHS) floated by State Bank of Pakistan through Circular No.7 of 1997, dated 23-10-1997 for getting voluntary retirement by its employees---Exercise of option for retirement by petitioners under such scheme-Non-payment of pensionary/retirement benefits claimed by petitioners on basis of earlier s, passed, by Supreme Court in cases filed against the employees/Bank by other employees---High Court accepted petitioners' constitutional petition---Plea of Bank that petitioners were not party to earlier litigation before Supreme Court; and that petitioners had approached High Court with delay---Validity---State Bank being a statutory public body was obliged to have redressed grievances of its employees instead of relegating them to seek remedy from courts---Declaration of Supreme Court in such s about legal status of such scheme was not for one segment of employees, but was for one and all falling within its purview---Benefits accruing from legal position stated in such s would be given to those, who were not party before Supreme Court---Bank was party to earlier litigation, thus, was obliged to implement such s in letter and spirit and apply to all those falling within such Scheme---Petitioners (non-parties) became entitled to benefits the moment Supreme Court in its earlier s interpreted such scheme and laid down principles as to its import and efficacy---Bank had not treated petitioners justly, fairly and in consonance with such s of Supreme Court---Judgments of Supreme Court, unless reviewed, would have binding force---Such previous s of Supreme Court had remained intact---Petitioners could not be knocked out on principles of laches---Impugned order was just and fair---Supreme Court refused to grant leave to appeal in circumstances. Abdul Qadir Ismail and others v. State Bank of Pakistan 2001 SCMR 884; Khyber Zaman and others v. Governor, State Bank of Pakistan, Karachi and others 2005 SCMR 235; Muhammad Mubeen-us-Salam and others v. Federation of Pakistan through Secretary, Ministry of Defence and others PLD 2006 SC 602; Muhammad Sohail…
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