2005 PLP (C (PLC(CS))

CH. EJAZ YOUSAF, C.J.

Through this petition, the difference of rates, in the increase in pension afforded by the Government to retired civil servants, has been challenged. It has been stated in the petition that increase in pension at the rate of 16% was granted by the Federal Government to those pensioners who have retired prior to 1994 whereas, 8% increase in pension has been allowed to those who have retired thereafter. The petitioner has prayed that since prices are soaring up day by day and have gone unchecked with alarming proportions with the passage of time, making life of the retired pensioners most miserable, therefore, the Finance Division may be directed to grant the petitioner increase in pension, at the rate of 16% instead of 8% already allowed.

2. Pre-admission notice of the petition was issued to the Federal Counsel as well as the Assistant Advocate-General, Punjab, who are present. They state that since the matter in issue, has been finally decided by the Shariat Appellate Bench of the Hon'ble Supreme Court of Pakistan in the case of Federation of Pakistan v. I.A. Sherwani and 3 others 2005 SCMR 292, whereby it has been unequivocally laid down that in the absence of any contract, between the pensioners and the Government, relating to the change of rate of pension in future, no exception can be claimed to further increase in pension at different rates by any of the pensioners, therefore, the instant petition is not maintainable.

3. It would be worthwhile to mention here that the point as to whether the Government servants of the same grade, who have retired on different dates could claim the same amount as pension, came under consideration before this Court in Shariat Petition No.63/I of 1990, 67/I of 1990, 18/I of 1991 and 24/S of 1991 but since on appeal from the judgment of this Court it was laid down by the Shariat Appellant Bench of the Hon'ble Supreme Court of Pakistan in I.A. Sherwani's case, referred to in para 2 supra, that since there was no contract existed between the pensioners and Government regarding terms/conditions relating to the change of rate of pension in future, therefore, the distinction between `old pensioners' `new pensioners' was not to be undone and each pensioner was entitled to get pension according to his own entitlement under the law. It was further observed that since pension is regarded as wealth, therefore, inequality in its distribution does not render it un-Islamic nor different rates could be termed as discriminatory. It would be instructive to reproduce herein below the relevant discussion which reads as follows:-- "It was contended on behalf of the respondents before learned Federal Shariat Court that pensioner is a pensioner and there could be no classification as "old pensioner" and "new pensioner". This plea was accepted by Federal Shariat Court, ignoring the fact that the quantum of pension is determined keeping in view the emoluments, as specifically mentioned in para. (7) above. It is noted that, while in service the employees of any grade all the time do not get the same pay. For example, an employee, who enters into service earlier and get increments, his salary must be more than an employee, who joined service in the same grade after a year of the earlier employee. While serving in the same grade, the employees get different pay, how they could ask for computation of their pension in violation of Pension Rules in force on the date of retirement of civil servants. Admittedly, there is no contract between the pensioners and the Government regarding terms/conditions relating to the change of rate of pension in future, as such, the distinction between old pensioners and new pensioners could not be undone and each pensioner would get pay according to his entitlement under the law and this could not be termed as discriminatory. Pension is regard as wealth and inequality in its distribution does not render it un-Islamic nor different rates could be termed as Discriminatory. The quantum of pension is determined having taken into consideration: (1) the length of qualifying service (2) emoluments drawn and (3) as per rates prescribed in relevant rules. The concept of "Adl" and "Ehsan" as enunciated in Islamic Principles is not contrary to the rules of pension, as applicable to the retired civil servants of Pakistan." It may be noted here that since in the afore-quoted judgment it was also observed that the terms pension denotes to a "grant" after release from service and right of pension depends upon the statutory provisions regulating it, therefore, to our mind, the pensioners retired at different dates cannot claim increase in pension at a particular rate.

4. Even otherwise, since the petitioner has failed to point out any law, provision thereof, custom or usage which may be violative of the Islamic Injunctions and the relief claimed in the petition is in personam, therefore, this petition is not maintainable which being, misconceived is hereby dismissed in limine. H.B.T./112/FSC Petition dismissed. ***