| Case ID |
177a90d7-92d3-45f9-bd6b-b135609ff058 |
| Body |
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| Case Number |
Civil Petitions for Special Leave to Appeal Nos. 3 |
| Decision Date |
Feb 11, 1990 |
| Hearing Date |
|
| Decision |
Leave to appeal has been sought by the petitioners in all the above-mentioned six petitions against the judgments of the Federal Service Tribunal, Islamabad. The service appeals of the respondents, which sought to ensure that their Army pension would not be deducted from their civil post salaries, were accepted in their favor by the impugned judgments. The court observed that the facts involved in these petitions were of a similar nature, warranting their disposal together. After hearing the learned counsel for the parties and the respondents appearing in person in some petitions, it was contended that the Tribunal's conclusions, which held the respondents entitled to their full post pay in addition to the Army pension, were based on an incorrect interpretation of various laws, rules, and regulations. The Supreme Court, after careful consideration, was satisfied that the contentions raised were of significant public importance and required further examination. Consequently, the court granted leave to appeal, allowing the petitions to proceed for a more thorough review. The appeals shall be made ready on the present record with permission for the parties to file additional documents if necessary. Leave was subsequently granted. |
| Summary |
In the landmark case FEDERATION OF PAKISTAN vs. Major (Retd.) WAZIR AHMAD, the Supreme Court of Pakistan deliberated on critical issues concerning military pension and civil post salaries. Decided on February 11, 1990, the case encompassed six petitions (Nos. 314-R, 315-R, 316-R, 317-R, 532-R, and 605-R of 1989) seeking special leave to appeal against the Federal Service Tribunal's judgments. The petitioners, representing the Federation through the Secretary of the Establishment Division and others, contested the Tribunal's decision that affirmed the respondents' entitlement to full post salaries alongside their Army pensions. Central to the dispute was the interpretation of Article 212(3) of the Constitution of Pakistan, 1973, which the petitioners argued was misapplied by the Tribunal. The case highlighted significant legal debates on the intersection of military benefits and civilian employment, emphasizing the need for clear legislative guidelines. With judges S. Usman Ali Shah and Abdul Qadeer Chaudhry presiding, the Supreme Court recognized the public importance of the matter, citing the necessity for a comprehensive examination of the legal provisions governing pensions and salaries. The decision to grant leave to appeal underscored the judiciary's role in ensuring equitable treatment of retired military personnel within civilian roles, potentially setting a precedent for future cases involving similar legal interpretations. This case is pivotal for legal professionals focusing on constitutional law, military benefits, and public administration, offering deep insights into the Supreme Court's stance on complex employment and pension issues. Its implications extend to policymakers and government officials tasked with drafting and implementing regulations that balance the rights of retired military personnel with the financial frameworks of civilian employment. The case serves as a reference point for ongoing discussions about effective pension systems, legal interpretations of constitutional articles, and the broader impact of judiciary decisions on public sector employment policies. By addressing these multifaceted legal challenges, the Supreme Court reinforced the importance of precise legislative language and the judiciary's responsibility in upholding constitutional values while addressing contemporary employment issues. This decision not only resolved the immediate disputes but also contributed to shaping the legal landscape regarding the benefits of military personnel in civilian capacities, making it a cornerstone case in Pakistani legal history. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
FEDERATION OF PAKISTAN,
Secretary Establishment Division,
Major (Retd.) WAZIR AHMAD
|
| Judges |
S. USMAN ALI SHAH,
ABDUL QADEER CHAUDHRY
|
| Lawyers |
B.A. Ansari,
Manzoor Ilahi,
MA. Siddiqui,
Ch. Akhtar Ali,
M. Bilal
|
| Petitioners |
FEDERATION OF PAKISTAN,
2 others,
Secretary Establishment Division
|
| Respondents |
Major (Retd.) WAZIR AHMAD
|
| Citations |
1990 SLD 1100,
1990 SCMR 1448
|
| Other Citations |
Not available
|
| Laws Involved |
Constitution of Pakistan, 1973
|
| Sections |
Art. 212(3)
|