| Case ID |
088fef20-d10c-4336-a064-60b906d728dd |
| Body |
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| Case Number |
Civil Petition No. 264 of 2017 |
| Decision Date |
Feb 13, 2018 |
| Hearing Date |
Jan 31, 2018 |
| Decision |
The Supreme Court dismissed the petition for leave to appeal regarding the increase in pension rates for retired civil servants. The court held that the distinction between employees who retired before and after 01-12-2001 was necessary due to variations in salaries at different time periods. The petitioner, who retired on 31-03-2002, contested the different rates of pension increase set out in the Office Memorandums dated 13.07.2009 and 05.07.2010. The court ruled that the classification was reasonable and did not violate the principles of equality under Article 25 of the Constitution of Pakistan. The petitioner was entitled to a 15% increase in pension rather than the 20% increase he sought, as the differentiation was justified to maintain uniformity in pension adjustments. |
| Summary |
This case revolves around the pensionary benefits of civil servants in Pakistan, specifically focusing on the differential increase in pensions for those who retired on or before December 1, 2001, compared to those who retired later. The Supreme Court of Pakistan, in its decision dated February 13, 2018, upheld the legality of the varying pension increases as stipulated in the Office Memorandums issued by the government. The court emphasized the necessity of distinguishing between 'old pensioners' and 'new pensioners' to account for the differences in salary structures over time. The petitioner, Muhammad Younis, argued that all pensioners should receive the same percentage increase; however, the court found that the government's classification was reasonable and aimed at maintaining equity in pension distribution. The ruling referenced previous cases, reinforcing the notion that pension entitlements are not absolute and can be subject to legislative changes. The decision serves as a critical reference point in understanding the legal framework surrounding civil service pensions in Pakistan, highlighting issues of discrimination and classification under constitutional law. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
EJAZ AFZAL KHAN,
FAISAL ARAB
|
| Lawyers |
Hafiz Muhammad Saeed,
Manzoor Malik Moor
|
| Petitioners |
MUHAMMAD YOUNIS
|
| Respondents |
FINANCIAL ADVISOR AND CHIEF ACCOUNTS OFFICER, PAKISTAN RAILWAYS, LAHORE AND OTHERS
|
| Citations |
2018 SLD 710,
2018 SCMR 784
|
| Other Citations |
Federation of Pakistan v. I.A. Sherwani and others 2005 SCMR 292
|
| Laws Involved |
Constitution of Pakistan
|
| Sections |
Not available
|