Pakistan Case Law
1991 SCMR 372(1)

Brig. (Retd.) N.A. ASHRAF vs FEDERATION OF PAKISTAN, Through Secretary, Establishment Division And 2 Other

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Citation1991 SCMR 372(1)
CourtSupreme Court of Pakistan
Case No.Civil Petition for Leave to Appeal No.335-R of 1989 Appeal, No.397(R) of 1987
Date1990-02-19
Judge(s)Shafi-ur-Rehman, Rustam S. Sidhwa
ResultLeave granted
AI Summary — generated from this judgment; read the full text below and verify before relying on it.

This matter concerns a petition for leave to appeal before the Supreme Court of Pakistan regarding the entitlement of the petitioner, a retired Brigadier, to pensionary benefits. The core legal question presented for the Court's consideration is whether the specific terms and conditions of the petitioner's employment, particularly condition No. 1, inherently contemplated or visualized the payment of a portion of the pension to the petitioner, regardless of other factors. The Supreme Court, finding merit in the petition, granted leave to appeal to examine this issue in depth. The Court directed that the matter be heard on the existing record, while granting liberty to the parties to submit additional documentation. Furthermore, the Court ordered that this case be heard alongside other pending matters involving similar subjects to ensure consistency in the adjudication of pensionary rights and employment contract interpretations. The decision establishes that the interpretation of specific employment conditions regarding pension eligibility requires a detailed examination by the Court to determine the scope of contractual obligations owed to the petitioner.

Questions settled in this judgment
  • Does the term of employment under condition No. 1 visualize the payment of part of the pension to the petitioner?
pensionary benefitsleave to appealemployment contractterms and conditions of serviceservice law

ORDER

SHAFIUR RAHMAN, J.---Leave to appeal is granted to examine, inter alia, whether the term of employment itself did not by condition No.1 visualize payment of part of Pension, in any case, to the Petitioner.

2. To be heard on the present record with liberty to parties to file additional documents, alongwith other cases on similar subject.

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