| Case ID |
4386674d-5da2-4078-a27c-78ac71d314f9 |
| Body |
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| Case Number |
8(L) of 1996 |
| Decision Date |
Apr 17, 1996 |
| Hearing Date |
Feb 15, 1996 |
| Decision |
The appeal is accepted, and it is directed that the pension of the appellant be revised with effect from 1-7-1980 without any reduction or deduction, in accordance with the Finance Division's Notification dated 28-6-1980. The arrears found due are to be released to the appellant with costs. The Tribunal has determined that the denial of financial benefits constitutes a recurring liability, and the cause of action renews each time when the pension is paid less. This decision reinforces the interpretation of pension rules and ensures that the benefits are granted equitably to all pensioners, regardless of their retirement dates. |
| Summary |
In this case, the Federal Service Tribunal deliberated on the appeal of Chaudhry Muhammad Din, a retired Deputy Auditor-General, regarding the computation of pension benefits. The Tribunal addressed the legal interpretation of the Service Tribunals Act, particularly concerning the period of limitation for filing appeals. The decision emphasized that the limitation period begins from the passing of the final order, not the accrual of the cause of action. The Tribunal acknowledged that the denial of financial benefits is a recurring liability, thereby allowing the appellant to seek restoration of his full pension amount from the date of the liberalized rules. The ruling is significant as it clarifies the entitlement of pensioners to benefits, promoting fairness and adherence to established legal precedents. The decision ultimately directs the release of pension arrears to the appellant and holds the Finance Division accountable for its interpretation of pension rules. |
| Court |
Federal Service Tribunal
|
| Entities Involved |
Establishment Division,
Federal Service Tribunal,
GOVERNMENT OF PAKISTAN
|
| Judges |
MUHAMMAD RAZA KHAN,
NASIM SABIR SYED
|
| Lawyers |
Hafiz Tariq Nasim,
Mian Jaffar Hussain,
Kh. Tariq Masud,
M. Latif
|
| Petitioners |
Chaudhry MUHAMMAD DIN
|
| Respondents |
GOVERNMENT OF PAKISTAN through Secretary, Establishment Division, Islamabad and 3 others
|
| Citations |
1996 SLD 797,
1996 PLC 1224
|
| Other Citations |
PLD 1983 Lab. 248,
1991 SCMR 1041,
C.P.L.A. No. 493/L of 1994
|
| Laws Involved |
Service Tribunals Act
|
| Sections |
4
|