Notification of Restoration of Pension after 15 Years of Retirement by the Finance Division

Finance Division Regulation Wing has issued Office Memorandum No. F.13 (13)-Reg.6/2011 dated 21st January 2013 regarding the restoration of pension after 15 years of retirement.

M/s Mirza Muhammad Ishaq, Ghulam Mustafa and others filed appeals in the Federal Service Tribunal, Islamabad, praying that the respondent may be directed to allow all increases sanctioned by the Govt of Pakistan during the period from their retirement till restoration of commuted portion of pension with all consequential benefits.  The Federal Service Tribunal accepted the appeals vide its judgment dated 05-01-2012 and directed to determine the pension of the appellants’ from the date of restoration of their commuted pension  at the rate at which they were drawing 50% remaining pension and that the arrear should also be paid to them. It was also clarified by the Federal Service Tribunal that the appellants shall not be entitled to claim arrear for the period prior to restoration of their commuted pension.

The Supreme Court of Pakistan vide its order dated 24-04-2012 in civil petition No. 549 to 559 &   575 to 589 of 2012 uphold the judgment of Federal Service Tribunal dated 05-01-2012. The review petition filed by the Finance Division in the Apex Court was dismissed on 13-09-2012 due to non prosecution. Civil Misc application for restoration of review petition was also dismissed by the Supreme Court of Pakistan on 16-11-2012.

Similarly, M/s Abdus Saeed Sabir and M.M Malik filed writ petition No. 4968/Writ/2011 and 3463/Writ/2011 in the Lahore High Court Lahore on the same subject. The Lahore High Court, Lahore vide its orders dated 15-06-2011 and 20-08-2011 accepted the writ petitions.

Finance Division intends to file a constitutional petition before the Honourable Supreme Court of Pakistan under Article 184 (3) of Constitution of the Islamic Republic of Pakistan te revisit the judgment dated 24-04-2012.

In the meanwhile, the Government has decided to implement the judgment passed by the Federal Service Tribunal on 05-01-2012 and upheld by the Honourable Supreme Court of Pakistan vide its judgment dated 24-04-2012 in respect of the litigants in the above referred appeals and writ petitions subject to the condition that if the constitutional petition filed by the Govt is accepted by Apex Court, the Govt would recover the amount of increases in pension on restored portion of pension being allowed to the appellants/petitioners through this office memorandum.  The beneficiaries of this memorandum are required to furnish an undertaking on Judicial Paper for Rs. 50/- as per the enclosed format to the concerned Account Officer. (A Post by CH GHAZANFAR HUSSAIN)

 


Pension Restoration Notification

 

 

Pension Restoration

 

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63 Responses to “Notification of Restoration of Pension after 15 Years of Retirement by the Finance Division”

  1. Adnan says:

    Reply me?? Agha Amir

  2. Abdul Haseeb says:

    any 1 have the landline contact no of Regulation wing finance division

    • Abdul Haseeb says:

      any news about the restoration increase of pension.any news abt the stay takken by any govrment ?

    • Abdul Haseeb says:

      if any 1 have the adress of Finance departmemt regulation wing 6 i mean where is it in islamabad

    • Agha Amir says:

      Regulation Wing of Finance Division is located in

      "FBC Building, Near Stata Bank of Pakistan, Islamabad"

      Phone numbers include : 9245869 Accounts Officer Faisal Nadeem
      9245843 Muhammad Bashir Zahid Accounts Officer
      9245846 Irshad Ahmed, Section Officer

      More informtion may be obtained by visiting Regulation on Finance Division website.

      Agha Amir

      (FBC stands for Federal Bank for Cooperatives, and the building is known as FBC Building)

  3. Ashab Hameed says:

    My father retired in Dec 2002. 35% was commuted and 65% was given(calculated pension).As i heard now a days 25% is commuted so a case was registered about retrieval of that 10% please guide about that.Secondly it was heard that another case was about the persons who have served for more than 30 years should be paid 2% per year for all years above the 30 years(in my father’s case 35 years).Looking forward for your reply.Regards.

    • Dear Ashab Hameed I have not the updates in this regards.

      • azhar nihal says:

        main nay february 2014 main apnay late father ka case bana kar or sari formality puri kar k CMP Lahore Cantt bhijwai thi. 1 reminder or 1 personal letter bhi likh dia magar koi reply nahi aya. aj main nay Lahore CMP cantt phone kia to wo keh rahay hain k Civilians k liay Family Pension restore nahi hoti hai ye sirf un k liay hai jo abhi tak zinda hun, is main kitna such hai? kia family pensioners k liay is tarha ka rule hai?

  4. abdul wajid says:

    Dear Sir,

    My father retired in 1999 from Punjab government (TEVETA)

    i wan to ask either he is eligible to apply

    is this letter from Finance division apply to PUnjab government employees

    please reply

  5. Agha Amir says:

    Certain friends have been sending emails to me and asking questions regarding restoration of commuted part of pension.

    Their mails however do not contain the essential basic information without which it is not possible for me to give my considered opinion.

    All friends are therefore requested to give the particulars mentioned below, while asking for my opinion :-

    (1) Date of birth of pesioner
    (2) Date of retirement
    (3) Number of years for which commutation was received, OR
    (4) Rupee amount received for each rupee commuted.

    They may give any further particulars they think can be helpful in answering their queries. But the above information is necessarily required.

    Best of wishes to all friends

    Agha Amir

    amir_agha@hotmail.com

  6. Agha Amir says:

    The benefit of restoration is admissible to all pensioners who retired BEFORE 1.12.2001.

    And the restoration will be effective on completion of the number of years (15 or more) for which pension was commuted on retirement.

    And all increases, not given on commuted part, from 1.12.2001 onwards, shall also become due from date of restoration.

    • Rehan says:

      sir i submitted appication with rs 50 stamp paper for restoration pension on dt 6-5-14 in agpr nipa office , after 20 days i went there and they told me there is no restoration before
      2001 retired person , he said u r already taken restored pension in 2011 as per record.
      i said the announcement made in 2013 , but he instead me that my mother is not eligible bcoz she already taken in 2011.
      my father retired in 1985 november from agpr
      plz advice me about.
      Rehan

  7. ABDUL GHANI says:

    AGPR HAS INVITED APPLICATIONS FROM PERSONS WHO ARE 75 YEARS AND ABOVE FOR PAYMENT OF ADDITIONAL PENSIONARY BENEFITS. THEY ARE KEEPING APPLICATIONS WITH THEM FOR THE LAST ONE MONTH AND CLEARING ONLY THOSE CASES WHO HAVE SOME APPROACH IN THE AGPR. HOW COME THAT I HAVE NOT HEARD FROM THE AGPR THOUGH I SUBMITTED MY APPLICATION OF PAYMENT OF PENSION DUES ON RESTORED PENSION MORE THAN A MONTH AGO. SOME HIGHER UPS HAVE TO LOOK TO IT.

    • Agha Amir says:

      Dear friend

      It is true that in public offices cases are processed with certain lethargy. But please try to visit the AGPR office personally or through someone to know status of your case.

      If the case is badly delayed, you may insist upon seeing the Additional AGPR also.

      Agha Amir

      amir_agha@hotmail.com

  8. Asghar says:

    madam
    i want to know about restoration of pension.My father retired in 1979 and died in 2003 after that my mother is getting family pension is she eligible?second tell me will the govt pay the arrears too?

    • Dear Asghar just contact Mr. Amir Agha whose detail is in these comments.

      • Agha Amir says:

        Yes dear friend, in my opinion your mother is entitled to all those benefits to which your father would be entitled if he was alive.

        If you send me email with more particulars, I can give my specific opinion. For how many years did your father receive commuted value ? What are the exact dates of retirement and of birth. From what date your mother is receiving 50% of pension ? Has this been increased to 75%.

        Agha Amir

        amir_agha@hotmail.com

  9. raja usman maani says:

    dear kia yeh sirf civil govt servants k liye ha ya army persons k liye b ha plzz rrply

  10. usman says:

    dear mere father frontier core se retired hain kia wo b restoration of pention k ahal hain ya sirf civil pentioner ko entitle kiya jaye ga.mere papa 11.11.93 ko retired huye hain frontier core se ar un ki date of birth yeh ha 30.03.1954 ha kia wo b restrotion of pention k liye apply kr skte hain ya nae

    • Dear Usman, I have heard that the court has again given decision that this will be spread to all the pensioners at the age of 75 years.

      • Agha Amir says:

        A correction !

        Age 75 does not have any direct relation with restoration. The pension is restored on expiry of those number of years for which the pension was commuted. If a pensioner retired at age 60, and got 15 years commuted value, the restoration in that case alone would be after 15 years, when the pensioners would be 75 or so.

        Other pensions who retired earlier than at 60, may get restoration on expiry of number of years for which commuted value was received. Restoration in their cases may be much before reaching 75 years of age.

        Agha Amir

        amir_agha@hotmail.com

  11. Osama says:

    My father was a assistant director (O/O DG of Audit P.T& T Lahoor). He has retired from service on attaining the superannuation age of 60 years w.e.f 01-01-1990 and died on 22-02-1993. My mother is getting family pension. Whether she is entitled for restoration of pension.

    • Dear OSAMA, plz contact Agha Amir Sb his contact detail is available in these comments. Thanks

      • Agha Amir says:

        Yes, Osama, I believe the commuted part of your father's pension is to be restored after 15 years, i.e. from 1.1.2005. And this having become family pension, your mom will be eligible to get 50 / 75 % as per rules. And all those increases not given (on commuted part) from 2001 shall also become due.

        For further opinion, you may give me more particulars and address me mail at amir_agha@hotmail.com

        Agha Amir

  12. Majid Mahmood says:

    Dear,
    My father has died during service in September 1998, after his death my mother receiving family pension, is she entitle the restoration of pension, my father is 43 years at the time of death and 22 years service

    • Dear Majid I think yes for further details plz contact Mr. Amir Agha whose detail is in these comments.

    • Agha Amir says:

      Without certain information, it is not possible to give considered opinion. Hence, all readers are requested to kindly give the following information, while asking my opinion.

      1. Date of birth of pensioner
      2. Date of retirement or death
      3. Amount of commuted value for each rupee commuted and / or
      4. The number of years for which commuted value was received.

      Amount of gross pension or lump commuted value received for the commuted part of pension is not required. But if someone gives that information, that will be helpful too

      I may clarify that restoration of commuted pension is not permissible under the current rules / orders where the pension was given on or after 1.12.2001.

      Persons retiring on or after 1.12.2001 may however consider moving the Tribunal / Court for similar benefit as a separate legal case.

      I shall be happy to provide any other assistance.

      Agha Amir

      amir_agha@hotmail.com

      • GUL NAWAZ says:

        SALAM,
        FOLLOWING ARE MY FATHER INFO.IS THEY ELIGIBLE FOR RESTORATION OF PENSION AND WHAT IS THE PROCESS. HE WAS IN ARMY RETIRED
        DOB 05-12-71
        DOR 17-1-87
        GROSS PENSION 49.5 @ 50% COMMUTED VALUE AT THE TIME OF RETIREMENT
        NOW PENSION 01-7-2013 WILL BE MIN OF RS. 5000/-
        WAITING 4 REPLY

        • Dear Gul Nawaz plz contact Mr. Amir Agha Sb,whose detail is available in these comments.

          • Agha Amir says:

            Yes, the commuted part is restorable on completion of the years for which commuted value was received on retirement.

            But if the pension, even after restoration, is less than the minimum, then that minimum will be eligible.

            For further opinion please write to me at amir_agha@hotmail.com

  13. ahmad says:

    PPP Ki Hakumat Ne Apne Dor Main Salery 50 percent Increase Ki thee Aur Pension Sirf 15

    percent increase ki gai bechare pensionors superiam court ne un baqaya 35 percent deney

    ke orders deye mager ab tek un ko nahi mili un ka kiya ho ga zara Sochiney wali baat

    hai......?????????

    zohaib khan,Lahore PakistanFriday, June 14 2013

  14. Shafqaat says:

    My father was a teacher. He has retired on 09-12-1995 and died on 06-01-1996. My mother is getting family pension. Whether she is entilted for restoration of pension.

  15. Agha Amir says:

    Dear Safdar Shah

    Yes, as per rules the commuted part of your pension is to be restored on expiry of 26 years. You are lucky that you retired before 1.12.2001 because persons retiring that date onwards are NOT entitled to restoration of commuted part of their pension even if they live upto 100 (unless some court holds that the denial of restoration by itself is unconstitutional).

    As for 75 years of age, doubling of pension is based on the presumption that a person has retired at the age of 60 and was given 15 years commuted value. Hence, on expiry of 15 years (and the age being 75 years) the pension would be doubled (if half of it was commuted and has been subsequently restored).

    Agha Amir amir_agha@hotmail.com

  16. Safdar Shah says:

    I retired from central civil service at the age of 47 years on 12 august,1998 after about
    29 years service & got my 50% pension commuted at the time of retirement.. as per existing rules as in vogue prior to the issue of latest notification of finance division dated 28 jan 2013, the commuted portion of pension is restore-able after expiry of the number of years for which it was commuted. In my case it is 26.3172 years( at the age of 47 years)and as such my pension was to be restored wef 13 august,2024 As per above mentioned notification of finance division dated 28 Jan 2013,the commuted pension is restore-able after 15 years from the date of retirement (as cited in the subject of said notification). Would you kindly let me know the positions as regards applicability of 15 years period for restoration of commuted pension as well as exact date of restoration of commuted pension in my case under this notification.

  17. Agha Amir says:

    For Amjid Khan

    Since you were retired after 30.11.2001, you are not eligible for restoration of commuted part of your pension as per existing rules.

    Restoration, and consequent increases from 1.12.2001 on commuted part of pension, are admissible to those pensioners who retired before 1.12.2001

    Send me full details of your case at my email address along with any specific question so that I can give my opinion in a better way.

    Agha Amir

  18. Amjid Khan says:

    Reply is awaited

  19. Amjid Khan says:

    i was pr muture retired from federal govt service in 2007 in the age of 48 years kindly let men know the my date of restoration thanks

  20. Agha Amir says:

    For attention of ShumailaKamal. Her reply of 18 April refers.

    It is not true that pension of all pensioners is restored or doubled at the age of 75. There is no such rule (though in some cases pension could be restored at 75).

    Rules provided that commuted part of pension is restored on the expiry of those number of years for which the value of each surrendered rupees is received. The period may range from 6 to 51 years depending on the age of pensioner when he got commuted value.

    For further details please address me at amir_agha@hotmail.com

  21. Agha Amir says:

    Correct legal position is that commuted part is restored on the expiry of those number of years for which the pension was surrendered. At the age next birthday of 53, your father must have received 20.4638 years lump amount. Round it off to 20 years. So if the pension was commuted in 1992, after 20 years, it is to be restored i.e. in 2012.

    For further calrification you may write to me on amir_agha@hotmail.com and I shall be glad to help you in all possible ways.

  22. amnah hamid says:

    hello...my father died at the age of 52 in 1993 in an accident...the commuted portion of his pension was not allowed after 10 years of his death by CMP Lahore....he was working in BPS 17 in population welfare...need to know
    1. How my mother will be able to get the commuted portion and when???
    2.The behbud fund permissible to widows for whole life was granted to my mother for only 10 years i.e Dec.2002..how can my mother get that behbud fund???

    • amnah hamid says:

      may i know when i will get your answer...

      • DEar Amnah just email me your issue with the full detail of the issue.

        • Agha Amir says:

          For Amnh Hamid information. Since her father's age was 52 when pension commenced, the commutation value must have been received for 21 years. So the commuted part will be restored after 21 years. If the age (next birthday) was 53, then the restoration will be after 20 years.

          For behbud grant, please contact the head of department where the deceased was employed.

          Agha Amir
          amir_agha@hotmail.com

  23. Amjid Khan says:

    Govt servant who retired premature on completion of 25 years services is entitled restoration after 15 years

    • Dear Amjad Khan I think after the age of 75 Years.

      • Agha Amir says:

        The correct position that commuted part is restorable on completion of that number of years for which the commuted value was received on retirement.

        And the benefit is admissible only to those pensioners who retired BEFORE 1.12.2001.

  24. shakir says:

    Dear ye law un pe bhi lago hoga jis ne 60 years se pehle retiremet lay li ho

    • Faique Hussain says:

      Dear aap ki pass koi aysa rule ha to please send to me thanks

      ( law un pe bhi lago hoga jis ne 60 years se pehle retiremet lay li ho)

      • Dear Faique Hussain, according to my knowledge the pension of all the penioners will be restored after the age of 60 + 15 = 75 whether when ever they retired.

        • Agha Amir says:

          Dear friends

          Ye law un tamaam pensioners par lagu hota hai, jo 1.12.2001 se pahlay retire huway, aur jinhon nein pension commute karai thi.

          Retire honay ki umar ka is law say koi direct taulluq naheen. 60 saal say pehle retire honay waalay bhi is ka faeday ka ahl hain.

          Agha Amir

          amir_agha@hotmail.com

          • Adnan says:

            my father was retired 09/1/1995 at the age of 60 years..and died 20/10/2004. Date of 09/2009..My mother in titled the restoration????

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