Iqbal Masih vs Medical Superintendent, DHQ Hospital, Faisalabad and another
This matter comes before the Supreme Court of Pakistan by way of a petition converted into an appeal, arising from an impugned judgment concerning the recovery of pension and gratuity amounts from the petitioner. The core legal question involves the mode and manner of repayment of retirement benefits received by the petitioner. By mutual consent of the learned counsel for the petitioner and the representative of the department, the Supreme Court recorded a settlement regarding the repayment schedule. The Court held that the petitioner shall deposit half of the received pension and gratuity amount within six weeks, while the remaining balance shall be paid through monthly installments of Rs. 1,000 to be deducted directly from the petitioner's pay by the department. Consequently, the impugned judgment was set aside, and the petition was disposed of as an appeal based on the agreed terms between the parties. The key principle laid down is that matters concerning the recovery of retirement dues can be validly resolved and disposed of on the basis of a lawful consent arrangement arrived at between the litigating parties.
- Can an impugned judgment be set aside by consent of the parties in an appeal before the Supreme Court?
- Whether an agreement for the repayment of pension and gratuity by installments can be adopted as a court order?
ORDER
1. Learned counsel for the petitioner states that the petitioner is ready to pay the amount of pension/gratuity in the following manners:
(i) The petitioner undertakes to deposit half of the amount of pension/gratuity received by him at the time of his retirement within a period of six weeks from today.
(ii) The balance amount of pension/gratuity shall be paid by the petitioner in installments at the rate of Rs. 1,000/-per month. The said amount. Shall be deducted regularly by the department itself from the pay of the petitioner.
2. Mr. Muhammad Ayub Akhtar, Statistical Officer, DHQ, Faisalabad appearing on behalf of the department accepts above arrangement.
3. By consent of the parties, the impugned judgment is set aside, this petition is converted into appeal and disposed of in the above terms. The parties are left to bear their own costs.