Tuesday, July 5, 2011

Minimum Pension Notification: Supreme Court Disposes of SUO MOTO CASE NO. 23 OF 2009

 A SUO MOTO CASE NO. 23 OF 2009 regarding minimum  Half pension for widows of retired servants Govt of Pakistan and Provincial Governments is disposed of by SC.The findings of the  case and Office memorandum is reproduced below.

1.A two member bench headed by the Hon’ble Mr. Justice Iftikhar Muhammad Chaudhry, Chief Justice of Pakistan and comprising on Mr.Justice Ghulam Rabbani heard the Suo Moto Case No. 23 of 2009 (Suo Moto Action Regarding Half Pension of Widows of Retired Govt. Servants).
Attorney General for Pakistan appeared for Federation while Additional Advocate Generals of all provinces also appeared. The case was heard today and the bench passed the following order:-
“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 herein below:

“Government of Pakistan
Finance Division
(Regulation Wing)

No. F. 15(1)-Reg.6/2010-777                                        
Islamabad, the 5th July, 2010



             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.

Section Officer (Reg.6)

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.

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 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

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