Restored pension disparity

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Normally, the commuted portion of pension of civil servants, that is 50 percent, is restored after a lapse of 15 years from retirement.

The pensioners who availed this restoration were 75 years of age by that time. However, the restored portion of pension did not include the annual increases allowed for non-commuted portion during the 15 years.

Recently, the Supreme Court of Pakistan dismissed petition of Accountant General Pakistan, Revenue, Lahore versus A A Zuberi and Abrar Hussain Naqvi in C P No 2393 of 2010 and C P No 2394 of 2010 thus leaving in the field judgment of division bench of LHC comprising Justice Muhammad Yawar Ali and Justice Syed Mansoor Ali Shah vide ICA No 118/09 and ICA No 215/09.

The judgment stipulated that (“the restoration of pension means the pension due to a retired civil servant in that year inclusive of all the increments till that time (ie) accumulated over the last 15 years in this case. In other words, it would simply be double the amount of 50 percent pension the respondents are already drawing.”)

Since then the two respondents have already drawn the full pension arrears in light of the above judgment. However, the same principle has been denied to be applied to other pensioners by AGPR who have been advised by the Finance Division (Regulation Wing) that the above judgment appears to be in personam and cannot be extended to other employees.

References made to Finance Division (Regulation Wing) by the pensioners as advised by AGPR have received no response whatsoever.

The SC may take suo motu notice of the case under Article 184(3) of the Constitution as the matter concerns the application of a fundamental right of Article 25 that enshrines equality before law and equal protection of law for all citizens.

The matter is of public importance and concerns a significant number of old pensioners of above 75 years of age that are being denied equal fundamental rights.

Moreover, as the judgment of court is in rem which may be treated as such in equity and fairplay to the old pensioners at the fag end of their life.

DR MUHAMMAD YAQOOB BHATTI

Lahore

31 COMMENTS

  1. I totally agree with the point raised by Dr. Bhatti, as Article 25(1) of the constitution is very clear on this and states, "All citizens are equal before law and are entitled to equal protection of law".

    Muhammad Ikram Qureshi

    Senior Pensioner

    Lahore

  2. I need the Policy Letter regrding restoration of cummuted pension after 15 years. I shall be very thankful if anyone could send me.

  3. govt, must pay the increaes on commuted portion of pention keeping in view the fact 6that only 10 percent pentioners are altve of 75 or more years of age the govt. should have soft corner for old missrable pentioners.if there is problem for money,only rs.1 may be increased on petrol for one weak.

  4. what is the procedure and rules? Is it possible for every pensioner to get/restore 15 years pension at the age of 75 year? plz guide me

    • معزز قارئین کو شاید یہ معلوم نہیں کہ 15 سال بعد پنشن کی بحالی کا ہر کوئی مجاز نہیں بلکہ یہ صرف ان لوگوں کے لیے ہے جو 60 سال کی عمر میں ریٹائر ہوئے۔ ہر کسی کی پنشن بحالی کی مدت ایک نہیں ہوتی ۔ یہ مدت اس ریٹ کے مطابق ہوتی ہے جو کہ پنشن کے وقت ایچ فیکٹر کی صورت میں اس کو ملتا ہے۔ مثال کے طور پر اگر ایک صاحب 55 سال کی عمر میں ریٹائر ہوتے ہیں تو ان کی پنشن کا ریٹ 60 سال عمر والے سے زیادہ ہوتا ہے اسی طرح ان کی پنشن بحالی کی مدت بھی مختلف ہو گی اور یہ مدت 15 سال سے زیادہ ہو گی۔

  5. the approx age of every pakistani is approx 50 to 65. the SC cleared ordered that restoration must be done after 15 years from the date of retirement. Sir as i retired on 23-9-1994. May I got this previlage. reply me sir

  6. The office of the Accountant General of Pakistan is collecting applications for payment of arrears of pension to the retired government servants aged 75 and above with effect from 1.7.2013. They dont seem to have started issuance of revised Pension Payment Orders so far. Why delay is best known to the office of AGPR. The pensioners are in trouble but no body cares. God Bless them all.

  7. pensioners who have applied to the agpr, islamabad for issuance of revised pension payment order as back as one and a half month, have not yet received any reply from the agpr, islamabad. Restoration of pension after l5 years means the pensioner is of the age of 75 and above. They just giving them trouble of visiting agpr office again and again in these hot days and every time they are asked to wait for another l2 days. hard for elderly people.

  8. A.A
    Hope you all fine!
    Your little act to help me by directing me to the right direction would be a great doing..
    My father was retired in 1995,so after 15 years pension is to be doubled according to the law..The commuted pension to be restored in the year 2010..
    HCL and SC ordered only to pay that are above the age of 75 or to restore the all commuted pension???? Please do inform me…And now what the process the case is going through by now on 26.8.13
    And finance department of Punjab have issued the notification to the relevant department???????

  9. FOR MR BILAL. THE FEDERAL GOVERNMENT I MEAN AGPR ISLAMABAD IS PAYING PENSION WITH ALL INCREASES TO THE FEDERAL GOVERNMENT RETIRED EMPLOYEES WHO ARE NOW 75 AND ABOVE. AS REGARDS THE EMPLOYEES OF PUNJAB GOVERNMENT I THINK THE FINANCE DEPARTMENT PUNJAB HAS NOT YET ISSUED ANY ORDERS. AG PUNJAB CANNOT PAY INCREASE PENSION TO ITS RETIRED PERSONS UNLESS NECESSARY ORDERS ARE ISSUED BY THE FINANCE DEPARTMENT, GOVERNMENT OF PUNJAB, LAHORE. YOU CAN FIND OUT FROM THAT DEPARTMENT.

    • Punjab Government has filed appeals (perhaps 47) with Supreme Court that SC orders are applicable to Federal government pensioners, and not to Punjab government pensioners. In my opinion the appeals would be rejected by SC, and Punjab pensioners would also get the benefit (of increases from 1.12.2001 to date of restoration) from the date of restoration. No arrears before that. Agha Amir
      amir_agha@hotmail.com

  10. AS REGARDS THE RETIRED EMPLOYEES OF THE GOVERNMENT OF PAKISTAN, ANOTHER PROBLEM HAS AROSE THAT AGPR ISLAMABAD IS PAYING INCREASED MEDICAL ALLOWANCE TO SOME AND NOT TO OTHERS WITH EFFECT FROM 1.7.2010 ON THE DATE WHEN THE MEDICAL ALLOWANCE WAS FIRST INTRODUCED AS PENSION ON THAT DATE HAS BEEN REVISED BY AGPR, ISLAMABAD AND INCREASED AS PER NEW PENSION PAYMENT ORDER. THIS HAS TO BE LOOKED INTO BY THE MINISTRY OF FINANCE AND THE AGPR.

    • The allowance has been frozen at the level of 30 June 2011. So if someone got increase in pension (for instance through restoration of commuted pension) after 1.7.2010, then his medical allowance will be more than at the beginning on 1.7.2010. But if restoration occurs after 30.6.2011, then the medical allowance would remain at 30.6.2011 level.

      Agha Amir amir_agha@hotmail.com

  11. Is pension restoration is applicable to widow pensioners, who are getting pension on behalf of civil servant while died in service and are over 75.

  12. Restoration of pension a commitment between pensioner and government of Pakistan
    15 years after the age of superannuation ie. 60 years government must pay equally all annual increments as per commuted %age are recompute for short period.

  13. The rate of payment of servant allowance varies from rs1900 to 7000 . Is it justice or huge anomaly. This should be ratinalised wef the date of fixation of rs 7000 rate. Is it under consideration . Can e mail on krm 756 @ hotmail .com thanks

  14. This is really objectionable , why some pensioners are not getting the benefit from this sc orders.juistice is for every one.

  15. I COMPLETELY STUDIED THE JUDGEMENT AND CORT ORDERS AND STILL CONFUSED THAT I RETIRED IN JAN,1991 WITH THE AGE OF 36 SOME ONE CAN CLEAR THAT I WILL BE ELIGIBLE FOR RESTORATION OF PENSION PORTION OF COMMUTED PENSION.OR SAME CASE IS COVERED IN THE ORDERS OF COURT.

  16. Dear Khurshid, If your age next birthday after retirement was 36 years, then you must have got commutation value for 35.4203 years. So after 35 (rounded off) years,, your commuted part will be restored, i.e. in Jan 2026 ! But the good news is that upon restoratiion, you will get all those increases which have been denied from 1.12.2001 onwards. Agha Amir amir_agha@hotmail.com

  17. request assistance
    father retired in 1988 in grade20. with 43/44 years federal govt. service.
    In 1997 father died and family pension to widow granted.
    >>>>is the widow eligible for double pension (her age 74years) wef 2013
    >>>> is the widow eligible for orderly/driver allowance in pension.
    regards sohail
    mrmagnet2005@hotmail.com

  18. Is pension restoration is applicable to widow pensioners, who are getting pension on behalf of civil servant while died in service and are over 75.

  19. My father was born on 1-1-1938. He was the employee of T&T former PTCL since 1958 till 1991 for 33 years. His age was 53 years at the
    time of death. My mother take family pension since 1991. His 75th birthday was on 1-1-2013. Is my mother illegible for double pension

  20. My Pension particulars are as under:-

    Date of Birth:07-07-1943.
    Serial # GI/P/80422
    Name:M. Aslam Choudhary
    Retiring Pension:6489/- wef 20-05-1997 to 03-6-1997
    3245/- wef 04-06-1997 to For life
    Commuted Amount:766594/-
    Date of Restoration of Commuted Pension:04-06-2017.

    Q-1.Is the date of restoration correct? Usually it is 15 years after retirement date.
    Q-2. If it is calculated in view of covering period for the Commuted Amount even then it is more, ie 766594/3245=19.68 Which falls on 2017 Feb approx.
    Q-3.In case I deposit the balance amount (not recovered) of Commuted amount, Can I get my Commuted pension Restored???A

  21. I WAS BORN IN22,3 1946 AND RETIRED JANUARY 1998 16 YEARS HAS PASSED MY RETIREMENT BUT MY AGE IS BELOW 75 WHEN WILL MY PENSION BE RESTORED

  22. i was retired at the age of 58 my pension was 12000 but half was commuted and it was6000 pm now after 17 year i am eligible to get my full pension my date of b is 15 jan 1942 pl tell me the prescribe proforma to apply now i am taking 54000 p m i worked punjab ed dept…please reply

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