This appeal has been filed with the following prayer:-- "In view of the above submissions, it is respectfully prayed that the respondents may kindly be directed to allow the increases on 1.12.2001, 1.7.2003 and 1.7.2004 in addition to already allowed increase on 1.7.2005."'
2. For seeking the above mentioned relief, appellant filed representation to the Governor of Punjab Lahore but as the same was neither attended to nor decided within the statutory period, therefore, appellant filed this appeal after the expiry of statutory period.
3. Report and parawise comments were called for which have been received.
4. The grievance of appellant is that appellant when retired on 18.1.1991 as Additional Secretary, Govt. of Punjab on attaining the age of superannuation, his total pension was fixed as Rs.6802.95 PM out of which Rs.3401.47 PM @ 50% was deducted as a result of commutation and the appellant's commuted period of pension expired on 19.1.2006 from which date total gross pension of appellant stood restored and according to law on restoration 50% portion of commuted pension was also to be restored alongwith all increases made in the pension from time to time during the commuted value of pension was enforced, meaning thereby that on restoration the amount of restored pension relating to restored period would not be less than the amount of 50%, the appellant was drawing at the time of restoration. In support of his contention appellant who has appeared in person relied on the copy of letter dated 22.3.2008 and the Single Bench judgment of Hon'ble Lahore High Court in the case of AA Zuberi Vs Additional Accountant General Pakistan Revenue, Lahore (2010 PLC (CS) 1211) & ICA Bench Judgment of the said case reported as 2011 PLC (CS) 580 and order of apex Court dated 10.12.2010 dismissing the appeals of Government of Pakistan against the above noted judgments of hon'ble Lahore High Court, Lahore.
5. On the other hand, the case of Department is that on restoration of commuted pension, appellant cannot claim increase made during the period of commuted pension and on restoration of commuted pension, he would only be entitled to claim pension as was admissible at the time of his retirement and would not be entitled to claim addition made to the pension during the period of commuted pension remained operative.
6. Arguments considered, record perused.
7. For the decision of this appeal detailed arguments are not required as the matter in dispute stands finally determined and decided by the hon'ble Lahore High Court, Lahore in the above noted judgments. At the first instance, learned Single Bench of hon'ble Lahore High Court while deciding the case of A A Zuberi Vs Additional Accountant General Pakistan Revenue, Lahore (2010 PLC (CS)
1211), after discussing the whole legal situation concluded as follows:-- "For the reasons mentioned above, I see the impugned action by the authorities as highly indiscriminate and violative of the rights of civil servants and therefore declare the same without lawful authority, having no legal effect and direct the respondents to calculate the petitioner's revived pension amount reflecting the total increases from the date of expiry of period of 15 years i.e. with effect from 31.5.2008 and pay the arrears of the said period to the petitioner. However, the petitioner shall not be entitled for any increase prior to 31.5.2008 i.e. the period of 15 years maturity.
This writ petition is allowed in the above terms."
8. Additional Accountant General, Pakistan Revenue, Lahore challenged the above noted judgment of learned Single Bench through ICA Nos. 118 and 215 of 2009 before the Lahore High Court and learned Division Bench of Lahore High Court through its judgment reported as 2011 PLC (CS) 580 while dismissing the appeal of the Accountant General laid down the following two basic principle on the question:--
(i) It will be odd for a civil servant to draw two different slabs of pension i.e. 50% at the rate prevalent at the time of retirement and the remaining 50% on the current rate inclusive of increments.
(ii) Restoration of pension means the pension due to retired civil servant in that year inclusive of all the increments till the restoration of commutative pension. In other words, it would be simply be double the amount of 50% pension the civil servant already drawing.
9. The Accountant General Pakistan Revenue, Lahore assailed above noted both judgments of Hon'ble Lahore High Court before the apex Court through CP Nos. 2393 and 2394 of 2010 but the same were dismissed on 10.12.2010 though on question of limitation yet the same amounted to maintaining the judgments of Lahore High Court, Lahore. Following the above noted judgments of the High Court as well as apex Court, Accountant General Pakistan Revenues, Islamabad issued directive Bearing No. Legal/W.P. NO. 2147/09/LHC/SOL/ICA No. 118/2009/162 dated 28.2.2011 conveying the approval of Controller General of Accounts to implement the Supreme Court order in letter and spirit. It is to be noted that Govt. of Punjab itself sought clarification and the Govt. of Pakistan, Finance Division (Regulation Wing) through Letter No.F.13(16)-Reg.6/2003-Vol.III-692 dated 10.9.2009 also confirm the ple of appellant, however, with slight modification that if the commuted portion of pension of a pensioner is restored in a particular financial year and no increase is made in that year, no increase will be given in that case, meaning thereby that Govt. of Punjab also followed the policy of the Federal Government in this respect.
10. The upshot of the above discussion is that this appeal is allowed and the competent authority is directed to determine the pension of appellant from the date of restoration of commuted pension at the rate at which the appellant was drawing 50% remaining pension and to pay him the arrears from the date of restoration of commuted pension, if any. However, the appellant would not be entitled to claim any arrears for the period prior to restoration of commuted pension.