Justice (R) Tanvir Bashir Ansari, Chairman.--The appellant retired from service on 01.05.1994 in Pay Scales introduced on 01.06.1991 from the Ministry of Food, & Agriculture, Government of Pakistan as Superintendent. Through O.M. No, F. 1(2)/Imp/ 94(i), dated 15.06.1994 the pay scales as well, as pensionary benefits were enhanced w,e,f, 01.06.1994. As per para-9 of the said O.M., Government servants who have retired on or after 01.06.1993 till the introduction of Revised Pay Scale i,e, 01.06.1994 were allowed pension/commutation on the basis of pay that would have been admissible to them had the pay revision been effected on the date of their retirement discounted by 12%. This was acted upon in the case of the appellant and the pension of the appellant was accordingly fixed under para-9 of the O.M. mentioned above.
2. The Pay Scales and pension were further revised/increased vide O.M. No, F. 1 (5)Imp/2001, dated 04.09.2001. This was to take effect from 1st December 2001. According to para 16(g) of this O.M. the pensioners were allowed an increase in net pension (inclusive of dearness increase allowed in the past) as follows:--
(i) Pensioners who retired prior to the introduction of 1991 Basic Pay Scales.15%
(ii) Pensioners who retired prior to the introduction of 199410% Basic Pay Scales but on or after the introduction of 1991 Pay Scales.
(iii) Pensioners who retired on or after the Introduction of 1994 Basic Pay Scales and upto the date of introduction of revised Basic Pay Scales i,e, 1.12.2001.5% According to claim of the appellant he retired from service on 01.05.1994 i,e, prior to introduction of 1994 Basic Pay Scales and after introduction of 1991 Pay Scales, and thus would be entitled to 10% increase in net pension and that the ground of increase @ of 5% only is not lawful.
2. Further increase in the pension was made through O.M. No, F. 4(1) Reg.6/2004 dated 02.07.2004.
According to this the following increase was allowed:--
(i) Pensioners who retired prior to revised pay scales of 1994.16%
(ii) Pensioners who retired/retire in revised revised pay scales of 1994 onwards.8%
3. In nutshell the claim of the appellant is that as per the O.M. dated 04.09,2001 he was entitled to 10% increase in pension instead of 5% increase as has been allowed and that under the O.M. dated 02.07.2004 he was entitled to increase in pension @ of 16% instead of 8% as allowed.
4. The respondents have filed the comments/objections wherein the broad features of the case are not denied. It is however, submitted that as the appellant had received the benefit of increased pension in accordance with revised pay scales made through O.M. dated 15.06.1994 he was not entitled to the benefit under O.M. dated 04.09.2001 as contained in para 16(g)(ii) thereof.
5. We have heard the appellant in person and Mr. Javed Aziz Sandhu, Federal Counsel for the respond,. its and have perused the record. The appellant retired on 01.5.1991 in pay scales introduced on 01.06.1991. As the O.M. No, F. 1(2) Imp/94(i), dated 15.06.1994 became effective on 01.06.1994, the appellant did retire in pay scales introduced on 01.06.1991 and prior to the promulgation of O.M. dated 15.06.1994. The benefit that was given to the appellant under para-9 of the said O.M. was lawful as he had retired after 01.6.1993 and before the revision of pay scales on 01.06.1994.
6. The O.M. dated 04.09.2001 revised the basic pay scales further. According to para-16(g)(ii) pensioners who retired prior to the introduction of 1994 Basic Pay Scales but on or after the introduction of 1991 Pay Scales were entitled the increase of 10% in net pension. The case of the appellant neither falls under para 16(g)(i) or (iii) ibid. The receipt of benefit under para-9 of O.M. dated 15.06.1994 does not preclude the appellant from the benefit of increase in net pension @ 10% as envisaged in para-16(g)(ii) of O.M. dated 04.09.2001. We have not been able to discover any such intention from the O.M. of 04.09.2001. The appellant is thus found entitled to the 10% increase in net pension with effect from the effective date of O.M. of 04.09.2001.
7. Similarly, Office Memorandum dated 02.07.2004 sanctioned an increase in pension w,e,f, 01.07.2004 at the following rates:--
(i) Pensioners who retired prior to revised pay scales of 1994.16%
(iv) Pensioners who retired/retire in revised pay scales of 1994 onwards.8% The case of the appellant falls within category (i) above as he retired on 01.05.1994 in pay scales of 1991 prior to the revised pay scales of 1994. He shall thus be entitled to a 16% increase in pension w,e,f, 01.07.2004. There is no force in the submission of the learned Federal Counsel that the appellant availed the benefit of the revised pay scales of 1994. The only benefit received by the appellant was that of pensionary benefit as he had retired after 01.06.1993 and before the introduction of revised pay scales of 01.06.1994, the date of retirement of the appellant being 01.05.1994. The appellant actually retired in pay scales of 1991 and not in pay scales made effective from 01.06.1994.
8. The upshot of the above discussion is that the appellant shall be entitled to the fixation of pension accordingly. The respondents are directed to fix the pension of the appellant under para- 16(g)(ii) of O.M. No, F. 1(5) Imp/2001, dated 04.09.2001 w,e,f, 01.12.2001 and as per O.M. No, F.4(1)
Reg.6/2004, dated 02.07.2004 as per para 1(i) i,e, 16% increase w,e,f, 01.07.2004, alongwith consequential benefits.
9. The appeal is accepted in the above terms.
10.No order as to costs.
11.Parties be informed.