S.A.M. WAHIDI vs FEDERATION OF PAKISTAN through Secretary, Finance
This petition for leave to appeal is directed against the judgment of the Federal Service Tribunal, Islamabad, which disposed of the petitioner's appeal seeking a 20 per cent increase in pension. The petitioner, a retired Solicitor to the Government of Pakistan who was subsequently re-employed and later appointed as a Legal Consultant in the Capital Development Authority (CDA), claimed the pension increase pursuant to a Finance Division memorandum. The core legal question concerns whether a re-employed pensioner and employee of an autonomous body is entitled to a pension increase during the period of re-employment under the relevant government memorandum. The Supreme Court held that under the explicit terms of the Finance Division's memorandum, re-employed pensioners are not admissible for an increase in pension during their re-employment period, and as an employee of an autonomous body on specific terms, the petitioner is not entitled to benefits meant for government servants under the memorandum. The court laid down the principle that the clear exclusions in executive memorandums regarding re-employed pensioners must be strictly applied according to their tenor.
- Is a re-employed pensioner entitled to an increase in pension during the period of their re-employment under government memorandums?
- Does an employee of an autonomous body such as the Capital Development Authority qualify for pension increases meant for civil servants under Finance Division memorandums?
' MUHAMMAD NAWAZ ABBASI, J.---Leave to appeal has been sought against the judgment of Federal Service Tribunal, Islamabad, dated 30-10-2000 whereby Appeal No,2093(R) of 1999 filed by the petitioner seeking a direction to the Finance Division, Islamabad, for increase in his pension at the rate of 20 per cent. Was disposed of.
2. Facts leading to the filing of this petition are that the petitioner was working as Solicitor to the Government of Pakistan, Justice Division, Islamabad, and on attaining the age of superannuation, vide notification dated 14-9-1987 issued by the Government of Pakistan, Ministry of Justice and Parliamentary Affairs, was retired from service in the afternoon of 13th December, 1987. However, he was re-employed on the same post w.e.f, 14-12-1987 to 30-6-1991. Later on vide Office Order dated 25-9-1997, the petitioner was appointed in Capital Development Authority, Islamabad, (hereinafter to be referred to as "C.D.A.") as Legal Consultant on a fixed remuneration of Rs,14,000 with other benefits. On the basis of O.M. No,F.4(I)R.6/99 dated 23-7-1999 which allowed 20 per cent. Increase in the pension of Government servants, the petitioner also claimed increase in his pension at the same rate for the period in question. Para. 7 of the Finance Division's memorandum dated 23-7- 1999, provides as under:- "7. In case of re-employed pensioners, the increase in pension sanctioned -in this office memorandum shall not be admissible to them during the period of their re-employment."
3. The petitioner undeniably was re-employed and in the light of above para., he would not be entitled to the increase in pension under Finance Division's memorandum dated 23-7-1999 (ibid).
The Service Tribunal, however, elaborately dealt with the claim of the petitioner and rejected the same in the following terms:- ' "The Government of Pakistan Finance Division's memorandum referred to above has not allowed the increase in pension during the period of re-employment as such the specific decision of the Government for not allowing increase in pension to any reemployed person during the period of his re-employment will also be applicable to the appellant's case. However, it is observed that the appellant will be entitled for the increase in pension from the date of termination of his re- employment contract."
4. There can be no exception to the view taken by the learned Tribunal regarding grant of pensionary benefits to the petitioner and rejection of claim of the petitioner, that he being a full time employee in the C.D.A., was entitled to the benefits available to the employees of C.D.A. The petitioner while appearing in person repeated the contentions raised by him before the Tribunal and submitted that he was wrongly deprived of the benefit in question. Having considered the contention of the petitioner, we find no substance in the same as the petitioner, after retirement from Government service, was employed by the C.D.A., an autonomous body, on the terms and conditions contained in his appointment letter, and therefore, he would not be entitled to the benefits made available to Government servants under Finance Division memorandum dated 23- 7-1999.
5. After hearing the petitioner in person, we find no substance in this petition and even otherwise no question of law of public importance is involved in this matter and consequently we dismiss the petition. Leave is refused.
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