' SHAH KHAWAR, J.--- The instant writ petition has been filed by the petitioner for the release of commutation/gratuity allowance of Rs,5,38,687/- which stood due in favour of the petitioner to be paid by the respondents after he was retired from service on 15.12 2013.
2. Vide order dated 10.11.2014, notice was issued to respondent No,6, the Divisional Superintendent of Pakistan Railways, Multan who was required to file report and para-wise comments and also to produce on record the list of employees of the Pakistan Railways, under his jurisdiction, who have been retired from the service and their commutation/gratuity allowances have not been paid.
3. In report and parawise comments filed by the respondents, certain preliminary objections were taken as to the maintainability of the instant writ petition. On facts, in para No,3, it is admitted as correct that the payment of settlement dues has not been made to the petitioner due to financial crises in the department but the pension book was issued to the petitioner. Further that the petitioner is receiving the monthly pension. In Para Nos.5 and 6, it is mentioned that a priority list of retired employees has been maintained according to their dates of retirement and their payment of settlement dues/gratuity are being made according to the priority. Further that as per priority list, petitioner name is at Sr. No,58 and the payment has been made upto Sr.No,45 and that the payment of settlement dues to the petitioner will be made in near future.
4. Along with the report and parawise comments, a list of 329 employees of Pakistan Railways including the petitioner has been placed on record by respondent No,6. The said list indicates that the petitioner along with other employees retired on different dates i.e, 14.04.2011 to 06.11.2014 who have not been paid the amount of gratuity.
5. Learned counsel for the petitioner while supporting the report and para-wise comments contends that due to financial crunch, the petitioner along with others could not be paid their gratuity. It is stated that respondent No,6 has maintained a priority list of retired employees who will be paid gratuity as and when funds are available to respondents. Further that the retired employees will be paid gratuity in accordance with the priority list maintained by the respondent No,6. Learned counsel for the respondents maintained that the method adopted by the respondents for the release of gratuity to the retired employees may not be disturbed which will result into great financial burden upon the respondents.
6. Learned Standing Counsel for the Federal Government assisted by the representative of the respondents could not assign any plausible justification for non release of the gratuity in time to the petitioner as well as other employees of Pakistan Railways.
7. I have given conscious consideration to the contentions of learned counsel for the parties and gone through the record.
8. The non payment of gratuity by the respondents to the petitioner as well as other 328 employees tantamount to glaring violation of the fundamental rights of the employees of Pakistan Railways.
This is the constitutional and legal right of the petitioner and all other employees of Pakistan Railways to be paid their gratuity amount, on the day when the petitioner and other employees stood retired from the services. The petitioner and other employees after retirement, had developed legitimate expectancy to receive the pensionary benefits, so that they could utilize the same for their future livelihood and to cater with the needs of their dependants.
9. All the State functionaries including the respondents are duty bound to calculate and arrange for the pensionary benefits of their B employees, before the date of their retirement and be paid the same, the day they are retired from service.
10. The reasons assigned for non-payment of gratuity to the petitioner and other 328 employees of Pakistan Railways are not tenable in law. The respondents have miserably failed to perform their constitutional and legal obligations towards the petitioner and other employees by not paying their gratuity in time.
11. Learned counsel for the respondents has placed on record a receipt issued by the petitioner acknowledging receipt of a cheque No,884123, amounting to Rs,5,38,687/- in respect of his gratuity from the respondents. By this way of the matter, rather the grievance of the petitioner has been redressed. This Court while exercising jurisdiction under Article 199 of the Constitution of Islamic Republic of Pakistan, 1973 and exercising power of judicial review cannot ignore the other equally placed employees of the respondents. It will be unfair with rest of other 328-employees of Pakistan Railways under the jurisdiction of respondent No,6 who have not been paid their gratuity. Having coming into knowledge of such inactions on the part of the respondents, this Court deems it appropriate that said 328-employees be also paid the gratuity which has been withheld by the respondents.
12. By exercising the powers of judicial review, respondents Nos.1, 3 to 7 are directed to pay the gratuity to the rest of 328 employees of Pakistan Railways under jurisdiction of respondent No,6 within a period of sixty days from receipt of this order. It is further ordered that respondents must make sure that in future each and every employee of the Pakistan Railways must be paid all pensionary benefits including gratuity on the day they get retired from their service.
13. The instant writ petition is allowed in the above terms. revisions by the competent authorities. Therefore, it is advisable to consult the official sources or legal professionals for the most up-to-date and accurate information.