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Petitioner: FEDERATION OF PAKISTAN, through Secretary Establishment Division and 2 others VS Respondent: Major (Retd.) WAZIR AHMAD
Court Name: Supreme Court of Pakistan Judge(s): Abdul Qadeer Chaudhry, Syed Usman Ali Shah Title:FEDERATION OF PAKISTAN, through Secretary Establishment Division and 2
others vs Major (Retd.) WAZIR AHMAD Case No.:Civil Petitions for Special Leave to Appeal Nos. 314-R, 315-R, 316-R, 317-R, 532-R and 605-R of 1989 Date of Judgment:1990-02-11 Reported As: 1990 SCMR 1448 Result: Leave granted Judgment ORDER ' S. USMAN ALI SHAH, J.---Leave to appeal has been sought by the petitioners in all the above- mentioned 6 petitions against the judgments of the Federal Service Tribunal, Islamabad, whereby service appeals of the respondents to the effect that their Army pension shall not be deducted from their pay of civil posts, was accepted in their favour by the impugned judgments mentioned above. The facts involved in these petitions are of similar nature, therefore, these are disposed of together. ' We have heard the learned counsel for the parties and in some petitions, the respondents in person. In support of these petitions it is contended that the conclusion drawn by the learned Tribunal in these cases of similar nature, holding the respondents entitled to their full pay of the post in addition to the Army pension cannot be allowed to stand under the law and the findings arrived at by the Tribunal are the result of the wrong and incorrect interpretation of the various provisions of law, rules and regulations and, therefore, these are unsustainable. After hearing the learned counsel, we are satisfied that the contentions raised in support of these petitions are of great public importance which need further examination. Leave to appeal is, therefore, granted. ' Appeals shall be made ready on the present record with permission to parties to file additional documents, if any.