FEDERATION OF PAKISTAN, through Secretary Establishment Division and 2
The Federation of Pakistan sought leave to appeal against judgments of the Federal Service Tribunal, which had ruled in favor of respondents regarding the non-deduction of Army pensions from their civil post salaries. The core legal question presented to the Supreme Court was whether the Federal Service Tribunal correctly interpreted the relevant laws, rules, and regulations concerning the entitlement of civil servants to receive their full pay in addition to their Army pensions. Upon hearing the arguments from both the petitioners and the respondents, the Supreme Court determined that the issues raised were of significant public importance requiring further judicial examination. Consequently, the Court granted leave to appeal to address the sustainability of the Tribunal's findings. The principle established is that matters involving the interpretation of service rules regarding the concurrent receipt of pension and salary for civil servants, when contested by the Federation, constitute questions of public importance warranting a full hearing by the Supreme Court.
- Does the receipt of an Army pension justify the deduction of that amount from the salary of a civil post?
- Are questions regarding the interpretation of service rules for civil servants considered matters of public importance?
ORDER
1. ' S. USMAN ALI SHAH, J.---Leave to appeal has been sought by the petitioners in all the above- mentioned 6 petitions against the judgments of the Federal Service Tribunal, Islamabad, whereby service appeals of the respondents to the effect that their Army pension shall not be deducted from their pay of civil posts, was accepted in their favour by the impugned judgments mentioned above. The facts involved in these petitions are of similar nature, therefore, these are disposed of together.
2. ' We have heard the learned counsel for the parties and in some petitions, the respondents in person. In support of these petitions it is contended that the conclusion drawn by the learned Tribunal in these cases of similar nature, holding the respondents entitled to their full pay of the post in addition to the Army pension cannot be allowed to stand under the law and the findings arrived at by the Tribunal are the result of the wrong and incorrect interpretation of the various provisions of law, rules and regulations and, therefore, these are unsustainable.
3. After hearing the learned counsel, we are satisfied that the contentions raised in support of these petitions are of great public importance which need further examination. Leave to appeal is, therefore, granted.
4. ' Appeals shall be made ready on the present record with permission to parties to file additional documents, if any.