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