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 15 years after retirement at 60 years of age.
2. 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 L.H.C. 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 (i.e.) 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”).
3. Since then the two respondents have already drawn the full pension arrears in light of above judgment. However the same principle has been denied to be applied to other pensioners by A.G.P.R. who has 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 A.G.P.R. have received no response whatsoever.
4. As the matter concerns the application of a fundamental right of Article 25 that enshrines equality before law and equal protection of law to 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 under the Constitution. The old pensioners are running from pillar to post to get relief on the basis of equity and fair play at the fag end of their life. The authorities that be are requested to spare the agony faced by old pensioners.
DR. MUHAMMAD YAQOOB BHATTI,
Lahore, January 4.