Law:

Section:

(a) Civil Servants Act (LXXI of 1973)-------S. 19---Civil Service Regulations, Art.486---Article 486 of C.S.R. made by Ministry of Finance and Auditor-General of Pakistan through Letters dated 17-7-1986 and 9-9-1996---Constitution of Pakistan (1973), Art.212(3)---Pension, calculation of---Supreme Court granted leave to appeal to consider question as to whether full special pay allowed to civil servant, while holding additional charge of higher post, would be treated as emoluments for purpose of pension. (b) Civil Servants Act (LXXI of 1973)--- ----S. 19---Pension, calculation of---Civil servant drawing full special pay for holding additional charge of higher post on current charge basis was never promoted against higher post---Such special pay could not be counted towards his pension---Where civil servant held such post on regular basis, then his pension would be calculated at existing rate on last pay/emoluments drawn---Principles. Appellant in person. Nasir Saeed Sheikh, D.A.-G., Ch. Muhammad Akram, Advocate-on-Record and Ch. Akhtar Ali, Advocate-on-Record for Respondents. Date of hearing: 18th April, 2006. JUDGMENT JAVED IQBAL, J.---This appeal with leave of the Court is directed against the judgment dated 11-7-2000 whereby the appeal preferred on behalf of appellant has been dismissed. 2. The leave granting order, dated 10-1-2002 is reproduced hereinbelow to appreciate the legal and factual aspects ' of the controversy: "The question whether full special pay allowed to a civil servant, while holding additional charge of higher post, is to be treated as emoluments for the purpose of pension and interpretation of Article 486, C.S.R. made by Ministry of Finance and Auditor-General of Pakistan vide their letters, dated 17-7-1986 and 9-9-1996 respectively, is correct, is a question of law of public importance as it will have the consequence of affecting all the civil servants in general, therefore, leave is granted to consider the same." 3. Heard Abdul Aziz Butt (petitioner) in person who mainly argued that the legal and factual aspects of the controversy have not been appreciated in its true perspective which resulted in serious miscarriage of justice. It is…

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