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Petitioner: ASSOCIATION FOR THE WELFARE OF RETIRED PERSONS VS Respondent: GOVERNMENT OF PAKISTAN
1991 S C M R 1501
1991 S C M R 1501
Present: Muhammad Afzal Zullah, CJ and Abdul Qadeer Chaudhry; J
ASSOCIATION FOR THE WELFARE OF RETIRED PERSONS through its General Secretary‑‑‑Petitioner
versus
GOVERNMENT OF PAKISTAN through Secretary, Finance‑‑‑Respondent
Constitutional Petition No. 2‑R of 1990, decided on 17th April, 1990.
Constitution of Pakistan (1973)‑‑‑
‑‑‑‑Arts. 25 & 185(3)‑‑‑Questions raised in petition were similar to the questions rioted in other petitions wherein leave to appeal had been granted to examine whether Fundamental Right guaranteeing equality before law and equal protection of law to all citizens had been violated in their cases‑‑‑Leave to appeal was granted to examine similar questions of law involved in present petition.
K.M.A. Samdani, Advocate Supreme Court (absent) and Manzoor Illahi, Advocate‑on‑Record for Petitioner.
Nemo for Respondent.
Date of hearing: 17th April, 1990.
ORDER
MUHAMMAD AFZAL ZULLAH, CJ.‑‑‑The Advocate‑on‑Record in absence of the learned counsel for the petitioner has stated that he has been instructed by his senior; namely, Mr. K.M.A. Samdani, Advocate, to produce the copy of order dated 18‑12‑1989 in Constitution Petitions Nos. 15‑R and 16‑R of 1989, and further that leave to the Court, the question of admission of this petition to regular hearing.
The said order reads as follows:‑
"The petitioners are superannuated civil servants of the Government of Pakistan having retired from service in 1976 or some times earlier. They feel aggrieved by the rules/notifications whereby from time to time changes have been effected in the Pension Rules, 1966 which allegedly are discriminatory inasmuch as the Government has failed to revise their pension in consonance with the increase of the pay scales as done for pensioners in the same rank who retired after them.
Accordingly, it is complained that Fundamental Right 25 guaranteeing equality before law and equal protection of law to all citizens has been violated in their case.
The point raised involves a question of the enforcement of fundamental rights. Notice for a very clear date.
The learned Attorney‑General shall also be issued a notice for the said date to assist the Court in this matter:'
The questions raised in this petition are similar to the questions noted in the aforequoted order. We accordingly admit this petition also to regular hearing. This case and that the said matter as also all other similar matters shall be heard by a larger Bench. The office shall obtain orders in that behalf. This Constitution petition shall be fixed for hearing during this year preferably during the vacations if not earlier. Security Rs. 5,000.
These cases shall be heard on the present record with direction to the parties to file all those documents which shall be necessary for disposal thereof.
A.A./A‑779/S Leave granted.