I retired from the Ministry of Foreign Affairs in March, 1991(PPO No.IBD/PN-1/5584/PR).I am a victim of injustice in my pension case by the Finance Division who is not following the judgment of Apex Court. The brief history of the case is that the commuted portion of the pension of the civil servant–which is 50 percent- is restored after 15 years of retirement. Pensioners who avail themselves of this restoration are 75 years of age by that time. However, the restored portion of the pension does not include the annual increases allowed for non-commuted portion during the 15 years.
The Supreme Court of Pakistan dismissed a petition of the Additional Accountant General of Pakistan Revenues of Pakistan, Lahore versus A.A. Zuberi and Syed Abrar Hussain Naqvi in CP No.2393 and CP No.2394 of 2010, thus leaving open the judgment of the Division Bench of Lahore High Court comprising of Justice Muhammad Yawar Ali and Justice Mansoor Ali Shah vide ICA No.118/09 and ICA No.215/09.In other words Apex Court upheld the judgment of Lahore Court. 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 till that time accumulated over the last 15 years in this case. In other words it would simply be double of the amount of 50 percent that the respondents are already drawing”. Under this judgment, respondents namely A.A. Zuberi and Syed Abrar Hussain Naqvi have been paid full pension arrears by AGPR. However, same principle has been denied in my case while Article 25 guarantees equal treatment to all pensioners. The impugned action by the Finance Division and AGPR as highly indiscriminate and violate of civil servants. I am over 86 years old disabled pensioner and in the terminal stage of life. Finance Division is also not following 2009 SCMR-1.
The Apex Court is requested to kindly take suo motu notice of the case under Article 184(3) of the Constitution as the matter concerns the fundamental right of Article of 25. Moreover, as the Judgment Court is in rem and not personam, it may be treated as such in equality and fair play to old pensioners.
AIJAZ AHMAD AZAD
Islamabad
