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1985 SCMR 1072

CHAIRMAN, PAKISTAN RAILWAY BOARD, LAHORE vs MUHAMMAD ALI

Citation1985 SCMR 1072
CourtSupreme Court of Pakistan
Case No.Civil Miscellaneous Petition No. K-82 of 1983
Date1984-04-23
Judge(s)Zaffar Hussain Mirza, Abdul Qadir Sheikh, S. A. Nusrat
ResultOrder accordingly

ORDER

1. ABDUL KADIR SHAIKH, J.-- Learned Deputy Attorney-General states that appellant is willing to deposit Rs.12,649 as a part payment towards the arrears of dues payable to respondent up to 31-3- 1983 and undertakes to deposit Rs.1206.97 per month in Court as the amount of pension subject to the final determination of the amount of pension and other dues payable to respondent. The reason given by the learned Deputy Attorney-General for this tentative payment is that the final determination is yet to be made for which the necessary particulars are being collected.

2. The respondent is not willing to accept the amount on that ground that he is entitled to receive about Rs.1400 per month as pension and about Rs.89,000 as arrears of pension, gratuity and other dues.

3. Since the amount of pension payable to the respondent was not determined in the order of this Court dated 15-1-1983, it is not for this Court to determine the controversy in this regard in these proceedings.

4. The appellant is permitted to deposit in Court Rs.12,649 as a part payment towards the dues payable to the respondent, and also, deposit Rs.1206.97 per month towards the pension payable to him and it will be open to respondent to withdraw the amount deposited from the to the without prejudice to his claim.

5. Since learned Deputy Attorney General undertakes that on final calculations the balance amount payable to the respondent shall be deposited in Court, no order on this application is called for.

6. The application is accordingly dismissed.

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