SAYYED MAZAHAR ALI AKBAR NAQVI, J.----By this single order , I Would like to dispose off instant Writ Petition No.8625 / 2019, as well as, Writ Petition No.7063/ 2017, as common question of law and facts is involved in both these matters.
2. By means of these Constitutional Petitions filed in terms of Article 199 of the Constitution of Islamic Republic of Pakistan, 1973, the petitioners have sought indulgence this Court while calling into question the vires of impugned order dated 10.01.2019 and 04.08.2016 whereby the representations filed by the petitioners were dismissed regarding non-commuted portion of pension existing on the day when the commuted period expired should be doubled.
At the very outset, it has been submitte d by learned counsel for the petitioners that National Bank of Pakistan (NBP ) is statutory corporation having statutory Service Rules of 1973, established by the Federal Government under the Ordinance XIX of 1949. Further contends that the petitioner namely Saeed Ahmad of Writ Petition No.8625/2019 was retired on 01.10.1998 as Officer Grade-II whereas the petitioner namely Ch. Irshal Ullah of Writ Petition No.7063/ 2017 was retired on 12.09.1990 as Officer Grade-II from National Bank of Pakistan and the commuted portion of their pension was restored after 15 years without adding periodical increase against the norms of justice as held in Judgment titled as "Additional Accountant General of Pakistan Revenue, Lahore v.
A.A. Zubairi "(201 1 PLC (C. S.) 580), case titled as "Secretary Government of Punjab Finance Department and 269 others v. M. Ismail Tayar and 269 others " (2014 SCMR 1336 ) and case titled (A.A. Zuberi v.
Additional Accountant General Pakista n Revenue, Lahore" 2010 PLC (C.S.) 1211) which is against the Article 189 of the Constitution of Islamic Republic of Pakistan. Further contends that the Government of Pakistan Finance Division issued Office Memorandum No.F-13(13)Page/201 1 dated 11.03.2013 and also endorsed it to President National Bank of Pakistan for information along with other 35 departmental heads for compliance but the National Bank of Pakistan neither complied with the judgment noted above nor acted upon the Office Memorandum of the Government of Pakistan dated 1 1.03.2013.
4. On the other hand, learned counsel for the respondent Bank opposed these petitions with vehemence. It is submitted that the claim of the petitioners is against the Pension Rules of the National Bank of Pakistan and the petitioners being ex-employees of National Bank of Pakistan are not covered under the Civil Servant Rules of Government Employees and as per National Bank of Pakistan Pensions Rules, a pensioner on his option can get his pension commuted up to a maximum of 50% and in such cases the Bank pays commuted value of such portion of pension for a number years according to age next birth day after retirement.
5. Arguments advanced pro and contra have been heard and record available on file perused.
6. Perusal of the record reveals that both the petitioners in Writ Petition No. 8625/ 2019 and Writ Petition No.7063/ 2017 are retired from National Bank of Pakistan as Officer Grade-II on 01.10.1998 and 12.09.1990 respectively . It is an admitted fact that the both the petitioners are ex-employees of National Bank of Pakistan which is a statutory corporation, having statutory Service Rules of 1972, established by the Federal Government under the Ordinance XIX of 1949 (National Bank of Pakistan Ordinance, 1949) and was governed by the NBP Employees Pension Provident and Guarantee Rules, 1958 and the National Bank of Pakistan (Staff) Service Rules, 1973 made thereunder , duly approved by the Federal Government of Pakistan. Both the petitioners are not covered under the Civil Servant Rules of Government Employees. It is noticed that the commuted partition of the pension of the petitioners was restored in accordance with the Bank's relevant .Pension Rules applicable to all employees of the Bank read with the directive/ instruction contained in the instruction circulars of the Bank and whenever an increase in pension is allowed on Gross Pension, the commuted amount of pension is also taken into consideration as per rules of the Bank. Through these petitions, both the petitioners seeks benefit of 100% commuted pension in the light of judgment titled as"Additional Accountant General Pakista n Revenue, Lahore v. A.A. Zuberi" (2011 PLC (C.S.) 580), case titled as "Secretary Government of Punjab Finance Department and 269 others v. M. Ismail Tayar and 269 others" (2014 SCMR 1336 ) and case titled (A.A. Zuberi v. Additional Accountant General Pakistan Revenue, Lahore" (2010 PLC (C.S.) 1211). It is noticed that in these cases, the National Bank of Pakistan was not party before the Hon'ble Supreme Court of Pakistan as well as Federal Service Tribunal and these cases were filed by retired Civil Servants. In terms of section 11 of Banks (Nationalization) Act, 1974, the general direction and superintendence of the affairs and business of the Nationalized Bank of Pakistan came to vest in the Board of Directors, which was charged with the functions of determining, inter alia, the personnel policy of the Bank, policy matters and all matters relating to remuneration and benefits of the employees. Through these changes, the management of the Nationalized Banks became free from the control of and general superintendence by the Federal Government, hence, the said judgments are not relevant for the purpose of the dispute before this Court and the judgments referred by the petitioners were passed in respect of the cases of Civil Servants. The petitioners' pension was restored in accor dance with Bank's relevant Pension Rules, applicable to all employees of the Bank read with all directives/instructions contained in instruction circulars of the Bank. The petitioners are bound by the statutory rules and regulations of National Bank of Pakistan and cannot seek remedy against any rule prevalent in the Bank. ##TE#
7. For the foregoing reasons, the instant Constitutional Petition No.8625 of 2019 along with connected Writ Petition No.7063 of 2017 are hereby dismissed .