' ALI BAQAR NAJAFI, J.--- Through this constitutional petition, petitioner seeks direction to respondents to pay regular monthly pension to the petitioner including the medical allowance @)
50% on full monthly pension calculated on entire service rendered by the petitioner under the Government of Punjab.
2. Brief facts giving rise to the filing of this petition are that petitioner was appointed as Stenographer in defunct Bureau of Education, Government of the Punjab on 4-11-1975 and since it was abolished on 1-7-1991, 37 officers/officials were placed at the disposal of surplus pool of S&GAD for their posting vide notification dated 11-7-1991. Meanwhile, petitioner was absorbed in Primary Education Cell of Curriculum Research and Development Center (CRDC) as urdu Stenographer in BS-12 on 15-2-1992 with the stipulation that his services rendered in parent department would be counted towards his pension. However, he was placed at the bottom of the seniority list. The said Curriculum Research and Development Center (CRDC) was merged into Punjab Text Book Board along with all assets moveable, immoveable and liabilities, therefore, the office of the petitioner stood transferred vide notification dated 16-10-2002 with the consent of the petitioner as he was provided pay protection and pensionary benefits. After serving Government of the Punjab for 34 years, petitioner stood retired on 18-11-2009 at the age of superannuation in BS-15.
3. Upon his retirement the calculation of pension and commutation of the petitioner was to be worked out on last pay certificate issued to the petitioner which included 50% medical allowance on full pay amounting to Rs, 8,070. The Government of Punjab extended the benefit of his past service w,e,f, 4-11-1975 to 15-10-2002 vide letter dated 22-7-2010.
4. On 1-2-2010 Punjab Text Book Board, Lahore made partial notification which approved the G.P.
Fund in favour of the petitioner for the period he worked with the Punjab Text Book Board, Lahore.
However, his medical allowance @ 50% ow full pension was withdrawn. Accordingly, a request was forwarded to Finance Department by the Punjab Text Book Board to transfer 25% share of the medical allowance in favour of the petitioner who observed that since the medical allowance to the petitioner has been introduced w,e,f, 1-7-2010, therefore, there is no right to ask for its proportionate share for the period he served for the Government of the Punjab i,e, 4-11-1975 to 15- 10-2002. The petitioner moved Chairman Punjab Text Book Board on 2-7-2011 to claim 50% medical allowance on full pension on the whole service rendered by him but in vain, hence this writ petition.
5. In the report and parawise comments submitted by respondent. No,2, it is contended that under West Pakistan Text Book Board Ordinance, 1962 as amended in 1971, Text Book Board was created as a statutory body with its fundamental functions to make arrangement for production and publication of Textbooks for Class 1 to Class 12. It is an autonomous body of the Government of Punjab under Rules of Business, 1974. It was admitted that pension contribution is to be borne by government for the period the employee (petitioner) of CRDC had worked under the administrative control of the government and the services rendered by the officers/officials will be counted towards the service in the parent department. Therefore, service of 7 years 1 month and 2 days which he rendered with the Board is calculated on the basis of which pensionary benefits comes to Rs,4310 per month which includes 50% of the medical allowance paid to the other employees initially appointed by the Board. On receiving Rs,13,62,443 from the parent department the petitioner's pension was revised including 50% of the medical allowance from 4-11-1975 to 15-10- 2002 and from 16-10-2002 to 11-8-2009 which is Rs,12,713 per month w,e,f, 19-11-2009. According to the respondents since the pension received from the parent department i,e, CRDC was without medical allowance, therefore, it was requested on 7-2-2011 to transfer 25% of the medical allowance, the rate prescribed in the parent department in favour of the petitioner. However, Finance Department on 3-3-2011 refused the same on the ground that since the medical allowance for pensioner was introduced w,e,f, 1-7-2010 and the petitioner having absorbed on 16-10-2002, therefore, he has no right to ask for proportionate share for the period he served with the Government Department.
6. In nutshell, claim of the petitioner for monthly pension for the whole service with the government @ Rs,50% per month on full monthly pension cannot be allowed as the medical allowance can be granted for a period the petitioner served with the Board w,e,f, 16-10-2002 to 18-11-2009, therefore, prays for dismissal of the petition.
7. Arguments heard. Record perused.
8. On 28-1-2015, learned counsel for the respondents sought time to place on record letter dated 15-7-2010 whereby the medical allowance was not made applicable to petitioner having relieved on 15-10-2002, perusal of which reveals that Chief Minister Punjab sanctioned the medical allowance w,e,f, 1-7-2010 to all pensioner of Government of the Punjab @ 25 % of the pension drawn to the pensioner who retired in BPS 1 to 15 and @ 20% at the rate of pension drawn to the pensioners who retired or will retire between BPS-16 to 22. The medical allowance was also allowed with increase of pension, family pension and minimum pension notified under the said circular letters.
This letter does not exclude the government servant having retired in the year 2002 but makes it mandatory to sanction, medical allowance to all the civil pensioners. @ 20% of the pension drawn to the petitioner as he retired in BS-15.
9. Besides, in the notification dated 16-10-2002 issued by Government of the Punjab, Education Department under Rule 3(2) of the Punjab Government Rules of Business, 1974 merger of Curriculum Research and Development Center (CRDC) to Punjab Textbook Board (PTB) was made subject to condition that those who opted for absorption in the PTB would be provided pay protection and their pensionary benefits would remain unaffected and that the burden of pension payment would be transferred to the PTB which shall incur this expenditure out of its own resources.
10. Additionally, the medical allowance includes the pensionary benefits, therefore, the petitioner is also entitled to 50% medical allowance on whole service of period of 34 years which he rendered to the Govt. Of the Punjab. Needless to observe that a retiring government servant is entitled to pensionary benefits on the basis of service which he rendered in any of the government department which of course is his hard earned right and cannot be taken away on an illegal pretext.
11. In this view of the matter, this writ petition is allowed and the respondents are directed to release the 50% medical allowance on the length of full service as calculated for the purposes of pension in accordance with law.