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2011 PLC (C.S.) 668

IBADULLAH vs FINANCE SECRETARY, GOVERNMENT OF PUNJAB, FINANCE

Citation2011 PLC (C.S.) 668
CourtLahore High Court
Case No.Writ Petition No,9979 of 2010
Date2011-01-20
Judge(s)Sheikh Ahmad Farooq
ResultPetition dismissed

ORDER

SH. AHMAD FAROOQ, J.--- The present petitioner/Ibadullah, is a pensioner of Government of the Punjab. He was retired as Field Assistant from Agricultural Department on 13-7-1987. Relying upon Notification dated 3-1-2002, issued by Government of the Punjab, as well as judgment of the honourable Supreme Court of Pakistan dated 31-5-2004, passed in C.P. No,1350 of 2002, the petitioner applied to respondents Nos.2 and 3 for grant of one increment from the date of his retirement i.e, 1987, which is not being granted. Hence, the instant petition.

2. In the report and parawise comments submitted by respondent 1 and .2 it is stated that notification dated 3-1-2002 is not applicable to the case of the petitioner as the petitioner was retired from service on 18-10-1987 and the benefit of the said notification was not extended to those employees who had retired prior to 1-6-2000. It has further been stated that an identical Writ Petition No,3448 of 2009 has already been dismissed by this Court.

3. Having heard the learned counsel for the petitioner as well as the learned Additional Advocate- General, Punjab, and going into the dictates of the notification relied upon by the petitioner, I am of the considered view that the petitioner was not entitled to one increment as there was a cut off dated i.e, 1-6-2000 and the said notification had no retrospective effect. It has specifically been mentioned in the said notification that any claim of the pension/commutation pertaining to a period prior to this date shall not be entertained. The case decided by the honourable Supreme Court has no nexus or similarity with the case of the present petitioner. The petitioner before the honourable Supreme Court of Pakistan was an employee of Federal Government and Service Rules of Federal Government Employees are not ipso facto applicable to the employees of Government of the Punjab and they have their independent Service Rules. The notification upon which the petitioner is relying was neither discussed nor adjudicated upon before the honourable Supreme Court. The case of the present petitioner is distinguishable from the petitioner/employee, who approached the honourable Supreme Court of Pakistan. There is no substance in the instant petition, which is accordingly dismissed.

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