Case Summary & Legal Holding

This judicial decision was delivered by the LAHORE-HIGH-COURT-LAHORE. The matter involves proceedings between MUHAMMAD MASOOD JOYA and GOVERNMENT OF PUNJABHonorable Justice Tassaduq Hussain JilaniCh. Muhammad Shafique,Khadim Nadeem Malik, Addl. A.-G., officially reported as 2000 PLC(CS) 864. The court reviewed applicable Pakistani statutes, procedural requirements, and governing case-law authorities. The full text below contains the complete facts, arguments, and legal reasoning rendered by the honorable bench.

Full Judgment Text & Judicial Ruling

2000 P L C (C

2000 P L C (C.S.) 864

[Lahore High Court]

Before Tassaduq Hussain Jilani, J

MUHAMMAD MASOOD JOYA

Versus

GOVERNMENT OF PUNJAB and others

Writ Petition No. 5555 of 1998, decided on 19th October, 1998.

Civil service‑‑‑

‑‑‑‑Pension‑‑‑Withholding of‑‑‑Civil servant who retired on attaining age of superannuation, his pension was not released on ground that some enquiry was pending against him‑‑‑Instructions issued by Government of West Pakistan Services and General Administration Department S.(XIII) No.S (R) 58/7‑47/65/SC XII, dated 1‑2‑1967" and through letter dated 17‑9‑1982 "No.S.O.(8)‑F‑12/82, Government of Punjab Services, General Administration and Information Department (Secret Section)", which were mandatory in nature, had stipulated that if inquiry against civil servant was not concluded within a year of his retirement, pension and gratuity of said civil servant must be sanctioned‑‑‑No justification, thus existed, in circumstances to withhold pension of civil servant when one and half years had lapsed since his retirement‑‑‑Authority was directed to release pension and gratuity of civil servant within thirty days.

Ch. Muhammad Shafique for Petitioner. Khadim Nadeem Malik, Addl. A.‑G. for Respondents.

Dates of hearing: 14th and 19th October, 1998.

JUDGMENT

The petitioner retired as District Education Officer on 31‑3‑1997 on attaining the age of superannuation. His pension was not released on the ground that some inquiry was pending against him. Learned Additional Advocate‑General who was asked to assist has appeared alongwith the Director Elementary Education, to submit that the case for the grant of anticipatory pension to petitioner has been prepared and sent to the District Accounts Officer on 17‑10‑1998. He has placed on record a copy of the fax message received from the Education Department which is being placed on record as Mark‑A. He further submitted that today, the Director Education, present in Court, has informed him that in view of the mandatory provisions of relevant rules and instructions, the case for remaining 20% of the pension has also been cleared by .the department on 15‑10‑1998 and the petitioner shall receive the pension in due course.

2. Heard. Record perused.

3. When a Government servant retires, he is in a peculiar state of mind i.e. he is without any job, he has a family to settle and in this highly status conscious society, he has no status to bank on. It was perhaps, keeping in view this state of mind that the Government issued instructions which admittedly are still in vogue which are to the effect that if the inquiry is not concluded within a year of Government servant's retirement, the pension and gratuity must be sanctioned. This was so stipulated in Government of.West Pakistan Services and General Administration Department Section (XIII) No.S(R)58/7‑47/65/S.C.XII, dated 1st of February, 1967. Para. No.2 of the afore‑referred letter reads as under:

"Pension cases are generally deferred where a retired Government servant is likely to be dismissed or some recovery is expected to be made from him. It has been decided that the following action be taken in future:

(i) If a Government servant is likely to be dismissed or. it is expected that some recovery. has to be made for loss caused to the Government, then pension and gratuity should not be sanctioned for a period of one year during which the administrative department should ensure that inquiry is finalized.. At the end of this period, the pension and gratuity must be sanctioned even if the inquiry is not completed."

In further improvement of the afore‑referred provision, the Government provided yet another relief in terms of letter dated 17‑9‑1982 bearing No.S.O. (8)‑E‑12/82 Government of the Punjab, Services General Administration and Information (Secret Section) wherein it was mandated that: .

"Since after their retirement they are no longer civil servants, the disciplinary proceedings against them stand abated."

When confronted with the afore‑referred memos./letters, the learned Additional Advocate‑General, Punjab was not in a position to controvert this legal position rather he conceded that his is the legal position.

4. In view of the afore‑referred mandatory provisions of law, there was no justification for the Education Department or the District Accounts Officer to withhold petitioner's pension and gratuity after his retirement. More than one and a half years has lapsed since retirement. The period of one year after retirement was completed on 31‑3‑1998.

5. In the afore‑referred circumstances, I am inclined to allow this writ petition and direct that the Secretary Education, Government of Punjab shall ensure that the entire pension and gratuity of the petitioner is released within 30 days from today. As. the petitioner has to suffer agony to collect his pension and gratuity for which purpose, he had to incure the extra expense of filing of this writ petition, I am further inclined to burden the Education Department with a cost of Rs.10,000 to be paid to the .petitioner alongwith the pension and gratuity.

H.B.T./M‑94/L??????????????????????????????????????????????????????????????????????????????????? Petition allowed

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