| Case ID |
14c9aeaa-31c6-4bca-be98-76abcd36267d |
| Body |
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| Case Number |
Civil Petition No.824 of 1981 |
| Decision Date |
Jul 30, 1988 |
| Hearing Date |
|
| Decision |
The Supreme Court dismissed the petition filed by Mian MUHAMMAD ABDULLAH, who argued that he was entitled to a pension after serving in the Punjab Road Transport Board. The court upheld that the Contributory Provident Fund is only payable to individuals not entitled to a pension. Since the petitioner was already established as eligible for a pension, he could not refuse to refund the contributions made towards his Contributory Provident Fund. The decision of the Punjab Service Tribunal was affirmed, and the petition was dismissed as lacking merit. |
| Summary |
This case revolves around the entitlement of Mian MUHAMMAD ABDULLAH to a pension from the Punjab Road Transport Board after his retirement. The Supreme Court of Pakistan analyzed the provisions of the Contributory Provident Fund as outlined in the Constitution of Pakistan (1973), specifically Article 212(3). The court confirmed that the Contributory Provident Fund is designed for individuals not eligible for pensions. The petitioner had previously received a gratuity and contributions from the fund, but upon being deemed eligible for a pension, he was required to refund the amounts received from the Contributory Provident Fund. The ruling emphasizes the legal principle that entitlement to pension supersedes claims to the fund. This case highlights the importance of understanding employee rights regarding pensions and provident funds within public service. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Punjab Government,
Punjab Road Transport Board
|
| Judges |
GHULAM MUJADDID,
SAAD SAOOD JAN
|
| Lawyers |
Kh.Muhammad Asif, Advocate Supreme Court,
Ch.Muhammad Aslam, Advocate-on-Record
|
| Petitioners |
Mian MUHAMMAD ABDULLAH
|
| Respondents |
others,
PUNJAB ROAD TRANSPORT BOARDY
|
| Citations |
1989 SLD 2061,
1989 SCMR 2067
|
| Other Citations |
Not available
|
| Laws Involved |
Constitution of Pakistan (1973)
|
| Sections |
Art.212(3)
|