| Case ID |
36a30fda-6798-4fcb-b4fe-60da0eb3a48c |
| Body |
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| Case Number |
Intra-Court Appeals Nos.118 and 215 of 2009 in Wri |
| Decision Date |
Jun 16, 2010 |
| Hearing Date |
Jun 15, 2010 |
| Decision |
The Lahore High Court ruled that the restoration of pension for retired civil servants should be based on the current amount of pension inclusive of all increments accrued over the commutation period, rather than the amount at the time of commutation. The court emphasized that pension is a vital post-retirement benefit intended to support civil servants in their old age and should reflect the rising cost of living and inflation. The decision highlighted the constitutional right to livelihood and economic justice, declaring that pension restoration must ensure fairness and equality among retired civil servants. |
| Summary |
This case adjudicated by the Lahore High Court involved the restoration of pension benefits for retired civil servants after a 15-year commutation period. The court examined the implications of pension rights under the Civil Servants Act and the Pension Rules, emphasizing that pensions must not only compensate for past service but also provide economic security in retirement. The ruling underscored the importance of ensuring that pension amounts reflect current economic conditions, thus reinforcing the legal and moral obligation to uphold the rights of retired civil servants. The decision aligns with constitutional guarantees of livelihood and economic justice, highlighting significant precedents and legal interpretations regarding pension schemes in Pakistan. |
| Court |
Lahore High Court
|
| Entities Involved |
ADDITIONAL ACCOUNTANT-GENERAL PAKISTAN REVENUE, LAHORE
|
| Judges |
SYED MANSOOR ALI SHAH,
MUHAMMAD YAWAR ALI
|
| Lawyers |
Muhammad Ashraf Khan, D.A.-G. for Appellant,
Syed Abrar Hussain Naqvi for Respondents
|
| Petitioners |
A.A. Zuberi
|
| Respondents |
ADDITIONAL ACCOUNTANT-GENERAL PAKISTAN REVENUE, LAHORE
|
| Citations |
2011 SLD 1693,
2011 PLC 580
|
| Other Citations |
D.S. Nakara v. Union of India AIR 1983 SC 130,
Smt. Poonamal v. Union of AIR 1985 SC 1196,
I.A. Sharwani and others v. Government of Pakistan through Secretary, Finance Division, Islamabad and others 1991 SCMR 1041
|
| Laws Involved |
Civil Servants Act (LXXI of 1973),
Pension Rules, 1969,
Constitution of Pakistan,
Law Reforms Ordinance (XII of 1972)
|
| Sections |
19,
3.29,
9.1(vii),
2-A,
9,
25,
3
|