The Supreme Court of Pakistan has given its decision on 7th August 2013 in connection with the Inclusion of Adhoc Allowances Reckonable towards Pension. But it is sad news for the pensioners that the SCP has given its decision against the willing of the pensioners. SCP has set aside the decision of FST dated 22nd February 2012. Some salient points about this case are as under:
Federation of Pakistan has challenged common judgment dated 22-02-2012 of the learned Federal Service Tribunal (FST), whereby appeals of the respondents were allowed. The respondents’ claim for payment of pension by addition of Special Additional Allowance dated 23-07-1999, Special Relief Allowance dated 30-06-2003, Adhoc Relief Allowance dated 01-07-2004, Dearness Allowance dated 24-06-2006 and Additional Adhoc Relief Allowance dated 21-07-2009 was allowed and the appellants was directed to recalculate the pension of the respondents by including these allowances. Leave to appeal was granted on 26-06-2012, inter alia, to consider as to whether these allowances are liable to be included in the pensionable emoluments and reckonable towards calculation of pension under law. In the decided it is stated that:
We note that the Tribunal has not dealt-with in its impugned judgment the relevant law which was actually applicable to the case in hand but rather has allowed itself to be swayed by principles or decisions which were either not applicable or were not the correct annunciation of law and in doing so came to the wrong conclusion by allowing the appeals of the respondents. Having considered the facts and circumstances of the matter in hand and the applicable law, we are of the considered opinion that the impugned judgment of the Tribunal is not in accordance with law and suffers from legal infirmity and perversity and therefore, is not sustainable. These appeals are allowed and the impugned judgment of the FST is, therefore, set aside. There shall however be no order as to costs. (A Post delivered by Mr. Muhammad Razzaq)
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