' MUHAMMAD AYUB KHAN, MEMBER.----The appellant present in person has been heard and record perused.
2. This Tribunal in its judgment dated 28-12-1998 in Appeal No,275 (R) of 1998 (Muhammad Yousaf v. Divisional Superintendent, Pakistan Railways, Rawalpindi,) proposed grant of one annual increment on completion of at least six months' service in the year of his retirement which proposal was readily accepted by the Government of Pakistan, Finance Division, Regulation Wing, by insertion of the relevant provisions in its Division's Circular No,1(2)-NG-Imp./71, dated 8-3-1992 vide OM, dated 8-9-1999. The relevant extracts are reproduced herein:- "The annual increment in the Basic Scale of Pay will accrue only on 1st day of the month of December following the completion of at least six months of such service at the relevant stage in that scale as counts for increment under the ordinary rules; provided that:--
(a) a retiring Civil Servant shall be entitled to the usual annual increment for the purpose of calculation of his pension only, on completion of six months' service in the year of his retirement, irrespective of due date of 1st December following the completion of six months;
(b) the rules regarding withholding of increments and crossing of Efficiency Bars shall not be affected by this decision.
2. In view of the Federal Service Tribunal (FST's) judgment in Appeal No,275(R) of 1998 (Mr. Muhammad Yousaf v. Divisional Superintenent of Pakistan Railways) the above amendment shall be effective from the calendar year 1998."
3. From the above it is evident that the effect of the said decision of this Tribunal is from the calendar year 1998 but due to misunderstanding amongst some retired civil servants they still come to this Tribunal for extension of the benefit of one increment in disregard of the correct import of this judgment when read in conjunction with the amended provisions of the said circular by the Finance Division, as referred to above.
4. In para.6(a) under FACTS it has been mentioned by the appellant that he, having been recruited in the Railways Department on 23-7-1954, retired from service on 3-7-1994 in the capacity of the Head Clerk from the office of the Respondent-Railways. The judgment of tiv Tribunal is effective from calendar year 1998. In other words, it is "prospective" and not "retrospective" in the sense that dead matters when once buried cannot be reopened under the said judgment of this Tribunal. The idea in making a suggestion to the Finance Division was that when a civil servant entering into Government service on the 1st day of June of the year and remains in service on 1st December, is entitled to the annual increment on 1st December of the year i,e, on completion of six months' service then why a Tetiring civil servant though having more than six months' service or so when stood retired on or before the 30th November of the calendar year, without entering in service on 1st December of the year, was legally not entitled to the grant of annual increment having retired from service earlier than 1st December of the year and in order to compensate such hardship cases the proposal made in the said judgment appealed to good conscious of the Finance Division which was pleased to accept in the public interest for meeting the hardship cases. To repeat again, the idea behind this Tribunal's judgment is that the Finance Division's amendment in the relevant rules is not intended to open a pandora's box for retired civil servants prior to calendar year 1998 and that its effect is "prospective" and not " retrospective" .
5. With the above observations the appeal in hand, being misconceived and legally untenable, fails and is hereby dismissed in limine.
6. However, copies of this judgment shall be sent to the appellant, respondent Divisional Superintendent, Pakistan Railways and Finance Division (Regulation Wing), Islamabad, for their information and record.