Al Wakeelo
Your Digital Lawyer, Always on Duty
Initializing Secure Chambers
Your Digital Lawyer, Always on Duty
Initializing Secure Chambers
Petitioner: MAQSOOD AHMAD VS Respondent: ACCOUNTANT-GENERAL PAKISTAN, REVENUE, ISLAMABAD
1995 P L C (C
1995 P L C (C.S.) 637
[Supreme Court of Pakistan]
Present: Abdul Qadeer Chaudhry and Saleem Akhtar, JJ
MAQSOOD AHMAD
Versus
THE ACCOUNTANT‑GENERAL PAKISTAN, REVENUE, ISLAMABAD and others
Civil Petitions Nos. 415‑L and 416‑L of 1993, decided on 9th May, 1994.
(On appeal from the judgment/order, dated 1‑2‑1993, and 26‑1‑1993, of the Federal Service Tribunal, Islamabad, passed in Appeal No. 113/L/1992 and Appeal No. 286(L)/91. respectively)
West Pakistan Civil Service Pension Rules, 1963‑‑‑
‑‑‑‑R. 18‑‑‑Constitution of Pakistan (1973), Art. 212(3)‑‑‑Entitlement to claim pension at enhanced rate‑‑‑Leave to appeal was granted to consider whether Service Tribunal had not made the interpretation of West Pakistan Civil Service Pension Rules, 1963 contrary to the decision of Supreme Court in IA. Sharwani's case 1991 SCMR 1041.
I.A. Sherwani v. Government of Pakistan 1991 SCMR 1041 ref.
Petitioner in person.
Nemo for Respondent.
Date of hearing: 9th May, 1994.
JUDGMENT
ABDUL QADEER CHAUDHARY, J: ‑‑The petitioner seeks leave to appeal in these petitions against the orders of the Federal Service Tribunal, Islamabad, dated 1‑2‑1993 and 26‑1‑1993.
2. The petitioner was retired on 25‑7‑1970. He, on the basis of Office Memorandum dated 3‑10‑1991 claimed the payment of pension at enhanced rate. His request was not entertained. The Tribunal also dismissed his appeal.
3. The interpretation of Memorandum No. F.6(4)/Reg.(6)/91, dated 3rd October, 1991, requires examination. Para. 4 of this Memorandum provides that pension shall be calculated for all pensioners from time to time in accordance with latest rules. According to the Accountant‑General and the Service Tribunal, paragraph 4 of O.M. is suggestive of the Pension Rules applicable at the time of an individual's retirement.
4. Leave is granted in these cases to consider whether the Service Tribunal has not made the interpretation contrary to the decision of this Court in IA. Sharwani v. Government of Pakistan (1991 SCMR 1041).
AA./M‑2139/S Leave granted.