The Lahore High Court on Wednesday ordered the Finance Department to double the pension amount it owes to retired employees over the age of 75 and pay them immediately.
Justice Muhammad Khalid Mahmood Khan of the LHC issued the order on a contempt of court petition moved by Ahmad Goraya and 19 other retired employees of various departments.
Justice Khan ordered the special secretary (Finance) to pay the complete amount of cumulative pension to the petitioners within 24 hours and to submit a compliance report before the court on Thursday (today).
Otherwise, the judge warned, the ‘disobedient officials’ would have to face the music.
The petitioners had prayed for the release of cumulative pension.
They submitted that according to the rules, the pension for former government servants is supposed to be doubled after 15 years.
Special Finance Secretary Hamid Yaqood Sheikh, who appeared on behalf of the finance secretary, requested the court to allow the department more time to consider the petitioners’ case.
He said that the secretary was in Turkey on official business and the issue couldn’t be resolved in his absence.
The petitioners’ counsel opposed Sheikh’s request and informed the court that three petitioners — Chaudhry Abdul Rauf, Bashir Ahmad and Arshad Majeed — had died while waiting for the Finance Department to release their pension money.
Advocate Afzal Shahin Pirzada said the petitioners were over 75 and “don’t know how much longer they have to live”, so the government must not delay the release of their pensions.
The counsel said that earlier the High Court and the Supreme Court had also ordered that the department pay the retired employees their cumulative pension.
The Finance Department, said Pirzada, wanted to delay the issue making “lame excuses” instead of complying with the courts’ orders. He said that the Punjab Accountant General had also recommended that the department pay the retirees.
Published in The Express Tribune, September 27th, 2012.
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Good news for pensioners whose commuted portion has been restored upon outliving the period for which pension was commuted.
Supreme Court has on 17 Nov 2012 dismissed the Government petition for review of the Court's earlier orders whereby High Court had order had been upheld. High Court had ordered government to give increase in pension on commuted part of pension (otherwise disallowed 2001 onwards) upon restoration of that part.
A large number of pensioners (including me) had gone to Service Tribunal for that benefit. Tribunal did order in favour of pensioners. However government deemed it fit to file an appeal with Supreme Court. That appeal has finally been turned down on 17 Nov.
All pensioners who have completed the relevant number of years after retirnement (for which the pension was commuted) are now entitled to receive the benefit of increase on the commuted part of pension also. If one retired at the age of 60, and got 15 years' purchase value for each rupee commuted, he would get the benefit at the age of 75.
Others getting different years' purchase value for each rupee commuted, can get that benefit on completion of the relevant number of years for which the pension was commuted.
Presently, no arrears are admissible. The increase would be admissible from the date of restoration.
Agha Amir amir_agha@hotmail.com
Dear Shirazi
Have answered your email with attached copies of Supreme Court decisions of April 12 and Sep 12.
Hope to hear back soon.
Amir
Dear Amir Agha A..A. Plz clarify that recently Lahore High Court has decided I.C.As on 8.5.12 that the pensioners who retired before 2001 will be draw pension on gross and not net. Plz intimate whether you have knowledge about the decision or not. If yes then why the Secretary Finance is delaying the issue. Syed Zawar Hussain Shirazi Advocate High Court, Lahore.
@Amir Ahmad: R/S plzzzzz give me u cell
Interested pensioner and other persons may contact me on the given email address, if they want any more information or need any consultation, on free voluntary basis.
Supreme Court has also since then dismissed the review petition of the Government of Pakistan (for non-prosecution) for earlier Supreme Court orders that the pensioners should get the increases in pension on gross pension (but from the date of restoration only). No arrears would be admissible for the period up to restroation from 2001 onwards.
The concept that pension would be doubled at 75 years of age is subject to sooooo many conditions, including :-
(a) Exact 50% of pension was commuted on retirement at the age of 60. (b) The pensioner did not get any increase for 15 years (c) The pensioner was getting exact 50% of gross pension on the date of restoration (d) On restoration, the pension would then be double of the unrestored pension.
In fact, pensioners retiring before 2001 got many an increase on gross pension.
From 2001, increases was given only on net received (instead of on gross) pension.
Upon restoration of pension, the pensioner is now entitled to receive the difference between the increase on gross pension, and the increase on net pension.
The difference would be admissible only date of restoration. No arrears are admissible for the period up to restoration.
Since pensioners did receive some increase, the amount of pension on restoration would not be double. It would be from 25 to 50 percent depending up individual cases.
Interested pensioners and others may contact me on amir_agha@hotmail.com
Agha Amir Ahmad