ORDER PASSED IN APPEAL NO.887 TO 890, 912 TO 915, 922 TO 925 & 930 TO 934 (R) CS-2011, 1166, 1265, 1416 TO 1420, 1455, 1575 & 1794 (R) CS-2011 FIELD BY MIRZA MUHAMMAD ISHAQUE, GHULAM MUSTAFA & OTHERS VS MINISTRY OF FINANCE.

Government of Pakistan Finance Division (Regulation Wing) **** No. F.13(13)-Reg.6/2011                                                  Islamabad, the 21st January, 2013 OFFICE MEMORANDUM Subject:-          ORDER PASSED IN APPEAL NO.887 TO 890, 912 TO 915, 922 TO 925 & 930 TO 934 (R) CS-2011, 1166, 1265, 1416 TO 1420, 1455, 1575 & 1794 (R) CS-2011 FIELD BY MIRZA MUHAMMAD ISHAQUE,  GHULAM MUSTAFA & OTHERS VS MINISTRY OF FINANCE.                         The undersigned is directed to say that M/s Mirza Muhammad Ishaque, Ghulam Mustafa & others filed appeals in the Federal Service Tribunal, Islamabad praying that the respondents may be directed to allow all increases sanctioned by the Government Pakistan during the period from their retirement till restoration of commuted portion of pension with all consequential benefits. The Federal Service Tribunal accepted the appeals vide its Judgment dated 05.01.2012 and  directed to determine the pension of the appellants from the date of restoration of their commuted pension at the rate at which they were drawing 50% remaining pension and that the arrears should also be paid to them. It was also clarified by the Federal Service Tribunal that the appellants shall not be entitled to claim arrears for the period prior to restoration of their commuted pension. The Supreme Court of Pakistan vide its order dated 24.04.2012 in Civil Petition No. 549 to 559 & 575 to 589 to 2012 upheld the judgment of Federal Service Tribunal dated 05.01.2012. The Review Petition filed by the Finance division in the Apex Court was dismissed on 13.09.2012 due to non-prosecution. Civil Misc. application for restoration of review petition was also dismissed by the Supreme Court of Pakistan on 16.11.2012. 2.                     Similarly, M/s Abdus Saeed Sabir and M.M. Malik field writ petitions No.4968/Writ/2011 and 3463/Writ/2011 in the Lahore High Court, Lahore on the same subject. The Lahore High Court, Lahore vide its orders dated 15.06.2011 and 20.08.2011 accepted the writ petitions. 3.                     Finance Division intends to file a Constitutional Petitions before the Honourable Supreme Court of Pakistan under Article 184(3) of Constitution of the Islamic Republic of Pakistan to revisit its Judgment dated 24.04.2012. 4.                     In the meanwhile, the Government has decided to implement the judgment passed by Federal Service Tribunal on 05.01.2012 and upheld by the Honourable Supreme Court of Pakistan vide its Judgment dated 24.04.2012 in respect of the litigants  in the above referred appeals and writ petitions  subject to the condition that if the constitutional petition field by the Government is accepted by Apex Court, the Government would recover the amount of increase in pension on restored  portion of pension being allowed to the appellants/petitioners through this O.M. The beneficiaries of this O.M. are required to furnish an undertaking on judicial Paper for Rs. 50/- as per enclosed format, to the concerned Accounts. --Sd-- (MUHAMMAD KHALIL) Section Officer (Reg.6) ALL MINISTRIES/DIVISION/DEPARTMENTS