| Case ID |
0a785f0e-7c95-4b92-b37e-d872785bc65f |
| Body |
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| Case Number |
Appeal No.77(L) (CS) of 2000 |
| Decision Date |
Dec 03, 2003 |
| Hearing Date |
Jun 07, 2003 |
| Decision |
The appeal was accepted, and the impugned order dated 20-9-1999 was set aside. It was directed that the appellant be allowed the benefit of Orderly Allowance/Special Additional Pension w.e.f. 19-2-1991. The Tribunal found that the denial of this benefit to the appellant was not in the interest of good governance and was contrary to principles of natural justice. It was noted that the appellant had been drawing this allowance at the time of his superannuation, and the financial benefit involved warranted the condoning of any delay in filing the appeal. The Tribunal emphasized that similar benefits had been extended to other officers, and the principle of equality demanded that the appellant receive the same treatment. |
| Summary |
The case revolves around the entitlement of the appellant to receive Orderly Allowance/Special Additional Pension after retirement from government service. The appellant retired in B-22 on 11-7-1990, during which time the allowance was part of his emoluments. After re-employment, he noticed that the allowance was not included in his Pension Payment Order (PPO). Despite appeals to the Finance Division and the Wafaqi Mohtasib, the denial of this allowance led to the present case. The Tribunal found that the appellant had been unjustly denied this benefit, which had been awarded to other officers who retired before the cut-off date. The decision emphasized the need for fair treatment under the law and the necessity of restoring the allowance to ensure good governance and adherence to natural justice principles. The ruling sets a precedent for similar future cases, reinforcing the rights of retired civil servants regarding their pensions and allowances. |
| Court |
Federal Service Tribunal
|
| Entities Involved |
Not available
|
| Judges |
Abdur Razzaque,
Abdul Rashid Baloch,
Asad Ali Shah
|
| Lawyers |
Hafiz Tariq Nasim,
Javed Aziz Sandhu
|
| Petitioners |
ABDUR RAZZAQUE,
ABDUL RASHID BALOCH
|
| Respondents |
others,
SECRETARY, FINANCE DIVISION
|
| Citations |
2005 SLD 1086,
2005 PLC 1497
|
| Other Citations |
S.A.M. Wahidi v. Federation of Pakistan 1999 SCMR 1904,
1994 SCMR 881,
1996 SCMR 1470,
1998 PLC (CS) 694,
1996 PLC (CS) 1224,
Hamid Akhtar Niazi v. Secretary Finance 1996 SCMR 1185
|
| Laws Involved |
Civil Servants Act,
Service Tribunals Act
|
| Sections |
13,
19,
4
|