ADNAN-UL-KARIM MEMON, J.---- This petition was disposed of by this Court vide order dated 11.10.2018 by giving direction to respondent No.4 / Controller of Military Accounts (Pensions) to restore the commuted portion of the petitioner and increases accrued thereupon, strictly in accordance with law and keeping in view the decision rendered by the Hon'ble Supreme Court of Pakistan in Civil Petitions Nos.549 to 559 and 575 to 589 of 2012.
2. On 08.12.2018, the petitioner filed an application bearing C.M.A. No. 37762 of 2018 under Sections 3 and 4 of the Contempt of Court Ordinance, 2003, read with Article 204 of the Constitution of Islamic Republic of Pakistan, 1973, for initiation of contempt proceedings against the alleged contemnor , who deliberately and intentionally refused to obey order dated 1 1.10.2018 passed by this Court.
3. The petitioner , who is present in person, has referred to his comments filed on 27.01.2020 on report dated 07.12.2019 of Nazir of this Court and submits that he has received 50% commuted portion of pension with certain increases, but the restoration of 50% commuted portion of pension amount has been wrongly calculated by alleged contemnor as well as by Nazir of this Court. He further contended that the afore said calculated amount is being treated as 100% Gross Pension, which calculation is wrong on their part ; alleged contemnor has violated the basic spirit of the order passed by the Hon'ble Supreme Court on the premise that respo ndent No.4 has not determined the pension of the petitioner from the date of restoration of the commuted portion of the pension, instead of restoration from the date of his retirement, which is illogical and the respondent No.4 has not determined the quantum of increase on restoration of commuted portion of pension from the date of retirement of the petitioner in the year 1999. He, however , disputed the statement of the respondents as well as Nazir's report regarding recalculation of his pensionary benefits. The petitioner has referred to paragraphs 4 to 8 of the Affidavit-in-rejoinder , which read that on the date of restoration, i.e. 20.05.2014 this petitioner was drawi ng Rs.66,950.05/- per month as pension (excluding medical and orderly allowances) ; that in view of the judgment of learned Lahore High Court, upheld by the Hon'ble Supreme Court of Pakistan referred to in para 3 above, the amount of pension (only) drawn on the date of restoration i.e. 20.05.14 was Rs. 66,950.05/- and should have been doubled to Rs.133,900.1/- (66,950.05x 2=133,900.1). He lastly prayed for direction to the respondents to pay the petitioner his pension benefits as per calculation made by him. In support of his contentions, he relied upon the order dated 24.04.2012 passed by the Hon'ble Supreme Court of Pakistan in Civil Petitions Nos.549 to 559 and 575 to 589 of 2012. The Hon'ble Supreme Court of Pakistan held as under: "9. In the light of judgments of the Lahore High Court confirmed by the apex Court and the judgment of the Punjab Services Tribunal we accept the appeals. The respondents are directed to determine the pension of the appellants from the date of restoration of their commuted pension at the rate at which they were drawing 50% remaining pension. The arrears shall also be paid to them. It is also clarified that the appellants shall not be entitled to claim arrears from the period prior to restoration of their commuted pension."
4. Conversely , Mr. Muhammad Nishat Warsi, Deputy Attorney General, has refuted the claim of the petitioner and argued that the petitioner has been paid full and final payment and nothing is left on their part to be paid to the petitioner . However , he submitted that commuted portion of pension viz. Rs.6612.5 was restored by the respondent vide No.G-5/P/16899/Misc. dated 12.06.2 014 and pension of the petitioner was doubled viz Rs.6612.5 (Residual Pension) + Rs.6612.5 (commuted portion of pension) = Rs.13225 (Gross Pension); that annual increases in pension (IPs) have also been revised on gross pension except the LP 1999 (as the same was already allowed on gross pension); that after authorizing the revised increases, the petitioner was entitled to Rs.95479 p.m. pension (including the amount of Medical and Special Additional Pension) with effect from 20.05.2014 ; that later on due to authorization of further increases (i.e. IP 07/2015, 07/2016, 07/2017 and 07/2018) the net payable, pension of the petitioner comes to Rs.151291/- with effect from 01.07.2018 onwards (as per letter of office of the Controller Military Accounts (P) CMA Complex Lahore Cantt. available with the statement dated 09.01.2019 filed by learned Deputy Attorney General) ; and, that the respondents are making payment of the pension through his bank account according to the rates admissible to him in the light of decisions rendered by the Hon'ble Supreme Court of Pakistan regarding restoration of commuted portion of pension. He lastly prays for dismissal of the listed application being meritless.
5. We have heard the petitioner who is present in person and learned DAG and have perused the report submitted by the Nazir of this Court.
6. We have noted that the aforesaid matter was disposed of by giving directions to the respondent No.4 / Controller of Military Accounts (Pensions) to restore the commuted portion of the petitioner and increases accrued thereupon strictly in accordance with law and keeping in view the decision of the Hon'ble Supreme Court of Pakistan in Civil Petitions Nos.549 to 559 and 575 to 589 of 2012. In pursuance of the direction of this Court, respondent No.4 has finally concluded the matter with the aforesaid assertions.
7. The precise question for determination before this Court is the quantum of 50% pension that is restored at the end of the commutation period.
8. As per record, the petitioner commuted his 50% pension for a period of 15 years , which means that a lump sum payment of 50% of the pension on the basis of the pension as it stood in the year, 1999 was worked out. Therefore, under the Rules the pension stands restored at the end of the commutation period i.e. 15 years. i.e. on 20.05.2014.
9. After the judgment of the Honorable Supreme Court, the petitioner became entitled to 100% pension as it stands at that date, therefore, 50% monthly pension being received by him on the said date shall be doubled. As per record, the petitioner was receiving an amount of Rs.66, 950.05/- as pension at the time of completion of commutation period, which included certain increases with ef fect from 1st July , 1999.
10. The petitioner , through the listed application has made an abortive attempt regarding restoration of his pension at the double rate of current rate with the following calculation.
Date of Retirement Date of Restoration 20th May 1999 20th May 2014 Gross Pension on 20th May 1999 was Rs. 13,225/- 50% commuted amount Rs. 6,612.5/- 50% residual pension Rs. 6,612.5/- Pension excludes allowances on the date of Restoration i.e. 20.05.2014 was Rs. 67,326/- Pension excluding allowances after restoration should have been 67,326 +67326=134,652/-
11. The petitioner claims that the aforesaid amount should have been doubled. This assertion is misconceived for the simple reason that at the time of his retirement, he was getting Rs.6,612.5/- as residual pension and after completion of commutation period on 20.05.2014, he became entitled to double of the said amount i.e. to Rs.13,225/- with certain increases with ef fect from 1st July , 1999 to 1st July , 2014.
12. Prima facie, the calculation of pension made by the petitioner is factually incorrect on the ground that the residual pension amount of petitioner as on 20.05.1999 was Rs.6, 612.5, which is retained portion for restoration of the commuted amount of pension and the said amount will be doubled after attaining the age of 72 years. As per Finance Division's O.M No.F.4 (1) -R.6/99 dated 23.07.1999, O.M No.F.16(1)- Reg.6/2010-1071 dated 18.10.2019, O.M No.F.13 (13) -Reg.6/201 1 dated' 21.01.2013 and O.M No.F.13 (13)-Reg.6/201 1 dated 11.03.2013 regarding restoration of pension, the petitioner's entitlement for Rs.62,330/- at the double rate of current rate as claimed by him is unfounded and not in accordance with the above order of the Honorable Supreme Court.
13. We are satisfied with the calculation made by the Nazir of this Court in consultation with office of the Accountant General Sindh, an excerpt whereof is reproduced as under:- "4. However the Petitioner claims the Pension amount of Rs.134,652/ (Rupees Once Lac Thirty Four Thousand Six Hundred Fifty Two Only) as per Honourable Supreme Court Order dated 24.04.2012, the restoration of commuted portion of pension be double as 50% + 50% = 100%.
5. It is further submitted that differences comes in restored commuted portion of pension because of the increasing of 20% (Rs.2,645) as per notification as annexed "A", medical allowance and Spl Adhoc Pension allowance, which have already been drawn by the petitioner in his regular monthly pension."
14. In view of the facts and circumstance s of the case and for the reasons alluded as above, we are satisfied with the explanation offered by the responde nt-department that compliance of the judgment of the Hon'ble Supreme Court of Pakistan has been made in its letter and spirit. Accordingly , this application is dismissed with no order as to costs.