MAQSOOD AHMAD vs THE ACCOUNTANT-GENERAL PAKISTAN, REVENUE, ISLAMABAD and others
This matter concerns petitions seeking leave to appeal against orders of the Federal Service Tribunal, Islamabad, which dismissed the petitioner's appeals regarding pension enhancement. The petitioner, who retired on 25-7-1970, claimed payment of pension at an enhanced rate pursuant to an Office Memorandum dated 3-10-1991. His request was denied by the respondent and the Service Tribunal, which interpreted paragraph 4 of the memorandum—providing that pension shall be calculated for all pensioners from time to time in accordance with latest rules—as referring only to the pension rules applicable at the time of an individual's retirement. The core legal question is whether the Service Tribunal's interpretation of the memorandum runs contrary to the law laid down by the Supreme Court of Pakistan. The Supreme Court granted leave to appeal to consider the correct interpretation of the Office Memorandum and whether the Service Tribunal erred in failing to follow the binding precedent established in I.A. Sharwani v. Government of Pakistan.
- Whether paragraph 4 of Office Memorandum No. F.6(4)/Reg.(6)/91 applies to all pensioners or only according to rules in force at the time of retirement?
- Whether the Service Tribunal erred in its interpretation of the Office Memorandum dated 3-10-1991 contrary to Supreme Court precedent?
' ABDUL QADEER CHAUDHARY, J.---The petitioner seeks leave to appeal in these petitions against the orders of the Federal Service Tribunal, Islamabad, dated 1-2-1993 and 26-1-1993.
2. The petitioner was retired on 25-7-1970. He, on the basis of Office Memorandum dated 3-10-1991 claimed the payment of pension at enhanced rate. His request was not entertained. The Tribunal also dismissed his appeal.
3. The interpretation of Memorandum No, F.6(4)/Reg.(6)/91, dated 3rd October, 1991, requires examination. Para. 4 of this Memorandum provides that 'pension shall be calculated for all pensioners from time to time in accordance with latest rules." According to the Accountant- General and the Service Tribunal, paragraph 4 of O.M. Is suggestive of the Pension Rules applicable at the time of an individual's retirement.
4. Leave is granted in these cases to consider whether the Service Tribunal has not made the interpretation contrary to the decision of this Court in I.A. Sharwani v. Government of Pakistan (1991 SCM R 1041).