Family pension smc no 23of2009

IN THE SUPREME COURT OF PAKISTAN (Original Jurisdiction) PRESENT MR. JUSTICE IFTIKHAR MUHAMMAD CHAUDHRY, C.J. MR. JUSTICE GHULAM RABBANI

SUO MOTO CASE NO. 23 OF 2009 (Suo Moto Action regarding Half Pension of Widows of Retired Govt. Servants)

On Court Notice For the Federation

Maulvi Anwarul Haq, Attorney General for Pakistan Mr. Muhammad Saleem Saleemi Deputy Secretary M/o Finance

For Govt. of Balochistan

Mr. Muhammad Azam Khattak, Addl.AG

For Govt. of KPK

Syed Arshad Hussain Shah, Addl. AG Mr. Amanatullah, S.O. Finance Deptt.

For Govt. of Punjab

Ch. Khadim Hussain Qaiser, Addl. AG Mr. Tariq Mehmood Mirza, DS Fin. Deptt.

Mr. Arif Waseem, A.O. (BF)

For Govt. of Sindh

Mr. Miran Muhammad Shah, Addl. A.G.

Date of hearing

22.3.2011 ORDER

IFTIKHAR MUHAMMAD CHAUDHRY, C.J.- Learned Attorney General for Pakistan under instructions informs that the Federal government has increased the family pension from existing 50% to 75% of the gross pension or net pension as the case may be w.e.f. 01.07.2010 and the same has been notified vide Office Memo No.F.15(1)-Reg.6/2010-777 dated 5th July, 2010. Contents of the same are reproduced hereinbelow: “Government of Pakistan Finance Division (Regulation Wing) No. F. 15(1)-Reg.6/2010-777

Islamabad, the 5th July, 2010

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OFFICE MEMORANDUM Subject:

MINIMUM PENSION.

The undersigned is directed to refer to Finance Division’s O.M. No. 15(1)-Reg.6/2008 dated 02.07.2008 on the subject cited above and to state that the President has been pleased to sanction with effect from 1st July, 2010 the increase in minimum pension from Rs.2000/- p.m. to Rs.3000/- p.m. to civil pensioners of the Federal government including civilians paid from Defence Estimates as well as Armed forces Personnel.

2.

Similarly, family pension allowed to the family of a

retired government employees including those paid from Defence Service Estimates under the Pension-cum-Gratuity Scheme 1954, and Liberalized Pension rules, 1977 has also been increased from current rate of 50% to 75% i.e. Rs.1000/p.m. to Rs.2250/- p.m.

3.

Commutation of any part of the increase allowed vide

this O.M. will not be admissible.

Sd/(KHADIM HUSSIN) Section Officer (Reg.6) Tele:9262714�

2.

Learned Additional Advocates General appearing for all

the provincial governments have stated that the above decision of Government of Pakistan, Finance Division, has been accepted, implemented in letter and spirit and notifications/Office Memos in this behalf have been issued reference whereof is given hereinbelow:

1.

Govt. of Balochistan No.FD(R-J)II-29/2010/786-906, dated 19th July, 2010.

2.

Govt. of KPK No.FD(SOSR.II/4-111/2010 dated 13.7.2010

3.

Govt. of Punjab No.FD SR-III-4-108/2010(D), dated 15th July, 2010

4.

Govt. of Sindh No.FD(SR-III) 3/230-2010(B) dated 21st July, 2010.

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3.

It is to be noted that in the instant petition request has

been made for the increase of 100% family pension of the widows.

Learned Attorney General for Pakistan arguing the case stated that the existing pension system is covered under Pension-cum-Gratuity Scheme,

1954

effective

from

24th

March,

1954

read

with

Pension/Family Pension Rules framed under the Civil Servant Regulations (CSR), however, in view of prevailing dearness and hardships of the families of the late government retired employees significant increase in the pension has already been made as is evident from the decision taken by the Federal Government and the Provincial Governments respectively despite difficulties and the financial constraints.

He further states that without availability of the

resources at this stage it would not be possible to bring at par the families of the late government servants for the purpose of allowing them benefit of 100% pension.

4.

We have heard the Attorney General for Pakistan and the

learned Advocates General of the provinces and have gone through the relevant reports and the Office Memos, notifications, etc. Indeed, it is a matter of satisfaction that the beginning has taken place increasing pension of the widows of the retired government employees yet claim of grant of 100% pension cannot be outrightly turned down as unfounded, however, at the same time the arguments of the learned Attorney General, noted hereinabove, too, require to be given weight-age. We earnestly hope that the Government itself will, at appropriate time, take the matter into consideration to grant further relief to the widows/families of the retired government employees to reduce their hardships when despite financial constraints a visible beginning has already been made in the same spirit by increasing family pension

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SMC 23/2009

from 50% to 75% along with minimum pension from Rs.2000/- p.m. to Rs.3000/- p.m.

5.

This matter is disposed of with the above observations.

Chief Justice

Judge Islamabad 22.03.2011 Zulfiqar

APPROVED FOR REPORTING