Law:

Section:

Service Tribunals Act (LXX of 1973)-------Ss. 2-A & 4---Constitution of Pakistan (1973), Art.212(3)---Benefits of restructured pay scale---Principle of approbate and reprobate---Applicability---Extending such benefits to employees who had exercised their options of Voluntary Retirement Separation Scheme---Grievance of employees was that after their voluntary retirement, the employer-Corporation revised the pay scale with effect from the date when they were in service-Service Tribunal dismissed their appeals and declined to grant them the benefit---Validity---Employees before their retirement had given undertakings, therefore, they were estopped under the law to put up any claim of whatsoever nature against the employer-Corporation in respect of monetary gains in view of revised pay scales---Employees, after having voluntarily accepting premature retirement, could not be allowed to approbate and reprobate on the ground that after severing connection with the employer-Corporation, it had granted further monetary benefits to its employees---Such retired employees legitimately could not claim monetary benefits which Corporation was extending to its employees from time to time, depending upon changed circumstances, due to efflux of time---Retired employees were estopped by their conduct to claim the benefit of revised pay scales in view of the binding undertaking which they had furnished at the time of accepting extra benefits on their premature retirement---Supreme Court declined to interfere in the passed by Service Tribunal---Leave to appeal was refused. State Bank Employees' case Civil Petition No.12 of 2001 distinguished. Iftikhar Ullah Malik, Advocate Supreme Court and Mahmud-ul-Islam, Advocate-on-Record for Petitioners. Ali Akbar Qureshi, Advocate Supreme Court and Sh. Salah-ud-Din, Advocate-on-Record for Respondents. Date of hearing: 30th July, 2004. JUDGMENT IFTIKHAR MUHAMMAD CHAUDHRY, J.--- Listed petitions have been filed for leave to appeal against a common judgment of the Federal Service Tribunal, dated 10th December, 2003, therefore, we proposed to dispose them of by means of instant judgment. 2. Petitioners' case precisely stating is that being in…

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