Legal Case Summary

Case Details
Case ID d5bd2828-3213-4b84-a268-b68a0a97f6cd
Body View case body.
Case Number Civil Appeal No. 822 of 1996
Decision Date Jun 10, 1998
Hearing Date Jun 10, 1998
Decision The court ruled in favor of the appellant, M. Asghar Ali, stating that the withholding of his pension was unjustified due to audit objections based on delayed payments which the government itself was responsible for. The court determined that there was no rule that allowed the government to deny or withhold payments made to the appellant. The court directed the Ministry of Finance to finalize the pension case immediately, emphasizing that the appellant had been entitled to the payments he received. The decision highlighted the importance of timely payments and fair treatment of civil servants, particularly those who have served their country.
Summary This case revolves around the pension rights of a civil servant, M. Asghar Ali, who served in the Ministry of Foreign Affairs. After being appointed to the Pakistan Mission at The Hague, he faced delays in receiving his Daily Allowance due to administrative lapses. Upon his return to Pakistan, he was denied his pension for over three years based on audit objections regarding these delayed payments. The Supreme Court of Pakistan intervened, ruling that the government could not withhold his pension based on their own delays and mismanagement. This landmark decision reinforces the rights of civil servants to receive timely payments and pensions, emphasizing accountability in governmental financial practices. Keywords: civil service pension, audit objections, government accountability, Supreme Court ruling, civil servant rights.
Court Supreme Court of Pakistan
Entities Involved Not available
Judges Saiduzzaman Siddiqui, Raja Afrasiab Khan, Wajihuddin Ahmed
Lawyers Shah Abdur Rashid, Ejaz Muhammad Khan, Maulvi Anwarul Haq, Mehr Khan Malik
Petitioners M. Asghar Ali
Respondents Secretary to the Government of Pakistan, Ministry of Foreign Affairs, Islamabad
Citations 1998 SLD 816, 1998 SCMR 2022
Other Citations Not available
Laws Involved Civil Service Pension Law
Sections Not available