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)