Full Judgment Text & Judicial Ruling

2006 P L C (C

2006 P L C (C.S.) 1274

[Federal Service Tribunal]

Before Jehan Zaib Burki and Rashid Mahmood Ansari, Members

ALI AFSAR KHAN

Versus

CHAIRMAN STATE LIFE INSURANCE CORPORATION and another

M.P. No.1738/2004 in Appeal No.946 (R)CE/2003, decided on 18th November, 2005.

Civil service---

----Pension---Pensionary benefits, calculation of---Employee had filed petition for implementation of judgment of Service Tribunal in letter and spirit and to set aside order of employer Corporation whereby an amount had been determined as recoverable from employee---According to revised pay structure for officers of employer Corporation as announced vide Circular dated 12-2-2001, pensionary benefits were required to be calculated on the basis of pay as on 31-12-1999 whereas under State Life Employees (Pension) Regulations, 1986, pension was required to be calculated on the basis of last pay or emoluments drawn by the employee---Spirit of judgment sought to be implemented was that by directing employer Corporation to compute pensionary benefits under State Life Employees (Pension) Regulations, 1986, employee would get enhanced pensionary benefits since same were to be based on last pay drawn---Employer Corporation, however maintained that last pay drawn, had to be computed on the basis of pay scales of 1998 instead of pay scales of 2001---Validity---If that was so, employer Corporation should have referred to that issue in their parawise comments on the main appeal or when appeal was heard---At such belated stage no new issue could be raised by employer Corporation---Revised pay structure and fringe benefits had been introduced by employer Corporation vide letter dated 12-2-2001 and employee had drawn his salary and other benefits on the basis of new pay scale up to date of his superannuation on 18-4-2003 and it was a legitimate expectation of employee that in the light of judgment of Tribunal, his pensionary benefits would be computed on the basis of last pay actually drawn by him rather than a notional pay that he would have drawn under pay scales of 1998---Since employer Corporation had at no stage raised issue of applicability of pay scales of 1998, they had forfeited the right of applying the pay scales of 1998, to determine the pensionary benefits of employee---Impugned order was set aside, with direction to employer Corporation to pay pensionary benefits to employee after calculating the same in terms of State Life Employees (Pension) Regulation, 1986, on the basis of last pay drawn by employee.

PLD 1992 SC 207 and PLD 2001 SC 980 ref.

Abdul Ghafoor Mangi, for Petitioner.

Rao Fazal Khan, for Respondent.

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