Legal Case Summary

Case Details
Case ID 0a065361-c1be-4a99-b8ca-a6c302adb2dd
Body View case body.
Case Number Constitutional Petitions Nos.15-R, 16-R of 1989, 2
Decision Date Jan 16, 1991
Hearing Date Jan 16, 1991
Decision The Supreme Court addressed multiple petitions concerning the discrimination against retired civil servants and judges regarding pension payments. The Court found that the denial of enhanced pensions to those who retired before a certain date constituted a violation of Article 25 of the Constitution, which guarantees equal protection under the law. The Court emphasized that all retired civil servants and judges should be treated without discrimination regarding pension enhancements. The ruling underscored the importance of ensuring that pensioners are not unfairly deprived of benefits due to arbitrary cut-off dates, and affirmed that pension rights are a matter of legal entitlement, not mere grace.
Summary This case revolves around the enforcement of constitutional rights regarding pension payments for retired civil servants and judges in Pakistan. The Supreme Court of Pakistan examined whether the differential treatment in pension enhancements, based on retirement dates, violated the fundamental right to equality under Article 25 of the Constitution. The decision reaffirmed the principle that all citizens, especially pensioners, should receive equitable treatment concerning their entitlements. The case highlights the critical issues of administrative justice and the legal rights of civil servants post-retirement, emphasizing the need for fair legislative frameworks to govern pension rights. Keywords include 'pension rights', 'constitutional law', 'administrative justice', 'Supreme Court of Pakistan', 'equal protection', and 'retirement benefits'.
Court Supreme Court of Pakistan
Entities Involved Not available
Judges SAAD SAOOD, JAN, AJMAL MIAN, RUSTAM S. SIDHWA, MUHAMMAD AFZAL LONE, SAJJAD ALI SHAH
Lawyers Mr. K.M.A. Samdani
Petitioners I.A. SHARWANI and others, Association of the G.H.O. retired civilian officers, Registered Association for the welfare of retired persons
Respondents GOVERNMENT OF PAKISTAN through Secretary, Finance Division, Islamabad and others
Citations 1991 SLD 1094 = 1991 SCMR 1041
Other Citations M. Yamin Qureshi v. Islamic Republic of Pakistan and another P L D 1980 S C 22, Iqan Ahmed Khurram v. Government of Pakistan and others P L D 1980 S C 153, The Controller, Central Excise and Land Customs and others v. Aslam Ali Shah P L D 1985 S C 82, The Superintendent of Police, Headquarters, Lahore and 2 others v. Muhammad Latif P L D 1988 S C 387, Abdul Wahab Khan v. Government of the Punjab and 3 others P L D 1989 S C 508, Abdul Bari v. Government of Pakistan and 2 others P L D 1981 Kar. 290
Laws Involved Constitution of Pakistan (1973), Service Tribunals Act (LXX of 1973)
Sections Art. 212, Art. 184(3), S. 4