MUHAMMAD SAJID MEHMOOD SETHI, J.---- Through instant appeal, appellant has assailed vires of order dated 05.12.2018, passed by teamed Single Judge, whereby appellant's constitutional petition seeking direction to respondent-Bank for grant If post-retirement benefits of medical ceiling etc., in line with Circular No.19/95 dated 14.03.1991, was dismissed on the ground that case of appellant was covered under Circular No.37/99 instead of Circular No.19/95.
2. Learned counsel for appellant submits that learned Single Judge has not rightly appreciated the judgment of the Federal Service Tribunal, which has attained finality as CPLA as well as Review Petition have been dismissed by Hon'ble Apex Court. He adds that Pakistan Banking Council decided to re-determ ine monetary ceilings of retired officers after every revision of pay scales on the basis of notional re-fixation of their pay in revised scales on point to point basis w.e.f. 01.01.1995, besides other benefits, and aforesaid policy was also adopted by respondent-Bank vide Circular No.19/95, dated 14.03.1995, which has never been withdrawn/rescinded but petitioners are not being extended the relief without any legal justification. In the end, he submits that material aspects of the matter have been overlooked by learned Single Judge while passing the impugned order . In support, learned counsel has also referred to order dated 14.01.2015, passed in W.P.No.19995 of 2011 and judgme nt dated 14.09.2021, passed in I.C.A No.292 of 2015.
3. Conversely , learned counsel for respo ndent-Bank defends the impugned order and submits that judgment of Federal Service Tribunal is not applicable to appellant for the reason that same was rendered in favour of persons who retired from service prior to issuance of Circular No.37/1999. He adds that learned counsel for appellant has failed to point out any illegality or legal infirmity in the same, which is liable to be upheld.
4. Heard. Available record perused.
5. Perusal of record shows that Circular No.19/95 dated 14.03.1995 was issued on the strength of decision of Pakistan Banking Council, which was later on dissolved through an amend ment introduced in the Banks (Nationalization) Act, 1974 and after dissolution of said Council, all the affairs of the bank employees relating to their appointment, transfer and monetary benefits are being decided by the Board of Directors of the Bank. A revised pay structure of executives officers of National Bank of Pakistan, including retirement benefits and medical facilities, was formulated by the Board of Directors, of the bank vide Instruction Circular No.37/99 dated 16.06.1999. Appellant was retired from respondent-bank on 02.05.2006, therefore, he is definitely to be treated in line with Circular No.37/99.
6. So far as reference of appellant to judgment rendered by Federal Service Tribunal is concerned, suffice it to say that said decision was rendered in favour of employees who retired prior to issuance of Circular No.37/99.
Likewise, order dated 14.01.2015, passed in W.P. No.19995 of 2011, was also regarding persons who either retired prior to issuance of Circular No.37/99 or opted retirement under Golden Handshake. Scheme. In I.C.A. No.292 of 2015, decided vide judgment dated 14.09.2021, respondents were retired under Golden Handshake Scheme announced vide Circular dated 13.10.1997, and one of its salient features was medical facility , therefore, Circular No.37/99 was totally inapplicable as said Circular specifically excluded optees of Golden Handshake Scheme.
Therefore, these decisions, being based on altogether different facts and circumstances, are not helpful to appellant.
7. In view of the above, instant appeal being devoid of any force, C is dismissed with no order as to costs.