| Case ID |
1674fff2-4e8b-4c98-88d7-655dae322560 |
| Body |
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| Case Number |
Civil Petition No.3403 of 2001 |
| Decision Date |
Mar 21, 2003 |
| Hearing Date |
|
| Decision |
The Supreme Court upheld the decision of the Federal Service Tribunal, which had previously allowed the respondent Muhammad Asghar's appeal regarding the calculation of pensionary emoluments. The Court found that the increase of Rs.300 in the monthly salary announced by the Prime Minister was a permanent increase and should be included in the basic pay for pension calculations. The decision highlighted that the petitioner had shown discrimination against the respondent by not including the increment while allowing it to another employee, Muhammad Yousaf. The petition was therefore dismissed, and leave to appeal was refused. |
| Summary |
This case revolves around the calculation of pensionary emoluments for a retired employee of Pakistan Railways, Muhammad Asghar. The Supreme Court of Pakistan examined the legality of excluding a Rs.300 increment in salary from the pension calculation. The Court found that the increment was a permanent increase as per the Prime Minister's announcement and should be included in the pension calculations. The ruling emphasized the importance of equal treatment in administrative decisions, highlighting the discrimination faced by the respondent compared to another employee who received similar benefits. This case underscores the significance of clear communication and adherence to established policies regarding employee rights and benefits, making it a crucial reference for future cases involving pension entitlements. Keywords such as 'pension calculation', 'employee rights', 'Supreme Court ruling', and 'discrimination in benefits' are essential for SEO optimization. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
NAZIM HUSSAIN SIDDIQUI,
ABDUL HAMEED DOGAR
|
| Lawyers |
Zafar Iqbal Chaudhry,
Naheeda Mehboob Elahi
|
| Petitioners |
MANAGING DIRECTOR, PAKISTAN RAILWAYS, CARRIAGE FACTORY, ISLAMABAD
|
| Respondents |
MUHAMMAD ASGHAR
|
| Citations |
2003 SLD 551,
2003 SCMR 1037
|
| Other Citations |
Not available
|
| Laws Involved |
Constitution of Pakistan (1973)
|
| Sections |
Art. 212(3)
|