| Case ID |
03e27070-ca16-4051-b467-59ef0110bf2b |
| Body |
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| Case Number |
Civil Appeal No. 245-L of 2011 |
| Decision Date |
Jun 29, 2011 |
| Hearing Date |
Jun 29, 2011 |
| Decision |
The Supreme Court of Pakistan dismissed the appeal filed by Akram Ul Haq Alvi challenging the Federal Service Tribunal's decision that ruled the increase in pension should be calculated on net pension rather than gross pension. The Court held that the Government had the authority to revise pension calculations and that the previous mode of calculation on gross pension did not bind them to continue that method. The Court found that the increase in pension was an executive act based on financial constraints and inflation considerations. Therefore, the Tribunal's ruling was deemed erroneous, leading to the dismissal of the appeal. |
| Summary |
In the case of Civil Appeal No. 245-L of 2011, the Supreme Court of Pakistan deliberated on the pension increase for civil servants as per the Civil Servants Act of 1973. The appellant, Akram Ul Haq Alvi, contended that the Federal Service Tribunal incorrectly ruled that his pension increase should be calculated based on net pension instead of gross pension. The Court found that the Government had the authority to determine the method of pension calculation, and previous notifications allowing increases on gross pension did not restrict the Government's ability to change the calculation method. The Court emphasized that increases in pension are executive acts influenced by various factors, including inflation and financial constraints. The decision referenced earlier judgments and concluded that the appeal lacked merit, resulting in its dismissal. Key terms include pension increase, executive powers, Civil Servants Act, and financial constraints, which are relevant for understanding the implications of this ruling on civil service pensions in Pakistan. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
Tassaduq Hussain Jillani,
Mian Saqib Nisar,
Asif Saeed Khan Khosa
|
| Lawyers |
Naseem Kashmiri, D.A.-G.,
A.H. Masood, Advocate-on-Record
|
| Petitioners |
Akram Ul Haq Alvi
|
| Respondents |
Joint Secretary (R-II) Government of Pakistan, Finance Division, Islamabad High Court and others
|
| Citations |
2012 SLD 1377,
2012 SCMR 106
|
| Other Citations |
Bashir Ahmed Solangi v. Chief Secretary, Government of Sindh 2004 SCMR 1864,
Government of Pakistan v. Village Development Organization 2005 SCMR 492,
Civil Appeals Nos. 1305 to 1327 of 2003
|
| Laws Involved |
Civil Servants Act, 1973,
Service Tribunals Act, 1973,
Constitution of Pakistan
|
| Sections |
19,
4,
212(3)
|