CHAIRMAN, PAKISTAN RAILWAY BOARD, LAHORE vs MUHAMMAD ALI
This matter concerns an application filed in the Supreme Court of Pakistan regarding the payment of pension arrears and ongoing pension dues owed by the Pakistan Railway Board to the respondent, Muhammad Ali. The core legal question was whether the Supreme Court should determine the specific quantum of pension and arrears payable to the respondent during the pendency of existing proceedings, given that the final calculations had not yet been finalized by the appellant. The Court held that it was not the appropriate forum to adjudicate the specific controversy regarding the precise amount of pension and dues payable, as that determination remained pending. Consequently, the Court permitted the appellant to deposit a specified sum as part payment of arrears and a monthly amount towards the pension, allowing the respondent to withdraw these funds without prejudice to his claims for the remaining balance. The key principle laid down is that the Supreme Court will not undertake the initial determination of disputed pension amounts when such calculations are administrative matters currently under process by the relevant department, provided that interim arrangements are made to secure the respondent's interests.
- Is the Supreme Court the appropriate forum to determine the specific quantum of pension arrears when final calculations are still pending?
- Can a party be permitted to withdraw deposited pension funds without prejudice to their claims for a higher amount?
- Does the Supreme Court have the authority to order interim payments of pension dues pending final administrative determination?
ORDER
1. ABDUL KADIR SHAIKH, J.-- Learned Deputy Attorney-General states that appellant is willing to deposit Rs.12,649 as a part payment towards the arrears of dues payable to respondent up to 31-3- 1983 and undertakes to deposit Rs.1206.97 per month in Court as the amount of pension subject to the final determination of the amount of pension and other dues payable to respondent. The reason given by the learned Deputy Attorney-General for this tentative payment is that the final determination is yet to be made for which the necessary particulars are being collected.
2. The respondent is not willing to accept the amount on that ground that he is entitled to receive about Rs.1400 per month as pension and about Rs.89,000 as arrears of pension, gratuity and other dues.
3. Since the amount of pension payable to the respondent was not determined in the order of this Court dated 15-1-1983, it is not for this Court to determine the controversy in this regard in these proceedings.
4. The appellant is permitted to deposit in Court Rs.12,649 as a part payment towards the dues payable to the respondent, and also, deposit Rs.1206.97 per month towards the pension payable to him and it will be open to respondent to withdraw the amount deposited from the to the without prejudice to his claim.
5. Since learned Deputy Attorney General undertakes that on final calculations the balance amount payable to the respondent shall be deposited in Court, no order on this application is called for.
6. The application is accordingly dismissed.