1994 PLP (C (PLC(CS))

The case of the petitioner is that he was informed by the respondent No.1 vide Letter No.1.P. No.KAP/8531/FRM‑3/Civil 1468, dated 31‑12‑1987 that he will retire from his service with effect from 16‑1‑1988 due to attaining the age of 60 years. Sanction was also accorded to the grant of encashment of L.P.R. of the petitioner with effect from 16th January, 1987 to 15‑1‑1988 by the authorities. The petitioner was retired from his services with effect from 16‑1‑1988 and his pension papers/book were also prepared, wherein the date of commencement of service is shown as 1‑1‑1954 and the date of retirement is shown as 15‑1‑1988 but the pension and other entitlements of the petitioner have not yet been paid to him. It is the case of the petitioner that on his representation, the respondent No.1 stated that he is to pay the dues to the extent of the period of service rendered by the petitioner in his organization. It is case of the petitioner that the respondents held a meeting on 8‑6‑1989 and decided therein that the Civil Aviation Authority will make payment of retirement benefits to the permanent employees whether they retired from A.DA. or from the CAA. but this direction of Government of Pakistan has not been implemented by Civil Aviation Authority and thereby violated the instructions and directions of the Government of Pakistan, which tantamounts to contravention of the direction. The petitioner has filed the present petition and claimed the above reliefs. The respondent No.2 filed parawise comments contending that the petitioner was in the service of respondent No.1 and was retired from service of said respondent. His case for pensionary benefits or otherwise is to be disposed of by respondent No.1 and the respondent No.2 has no responsibility in the matter. The respondent No.1 filed affidavit pleading therein that the petitioner was in the employment of the Government and subsequently he was transferred to Airport Development Agency. We have heard Mr. Rizwan Ahmad Siddiqui, learned counsel appearing for the petitioner, Mr. Nasrullah Awan learned counsel appearing for respondent No.1 and Mr. Abdul Manan, learned counsel appearing for respondent No.3. It is an admitted position that the petitioner was employed as Work Mistry in Pakistan Public Works Department on 1‑1‑1954. He was promoted as Foreman (Work Charge) vide letter, dated 14‑5‑1963. The Government approved the confirmation of work‑charged staff transferred from Pak. P.W.D. to A.DA. and who completed 10 years of continuous service as on 31‑12‑1969 vide Ministry of Defence, Aviation Division Letters Nos. AV(C)1/69(Vol.II), dated 25‑5‑1972 and AV(C)1/109/66‑Vo1.11, dated 20‑7‑1972. The staff was confirmed with effect from 23‑5‑1970. The respondents Nos.3 and 4 filed statement wherein it is stated that the service rendered by the petitioner for the period, he remained with the respondent No.3, all the benefits as admissible, shall be allowed to him proportionately. We have perused the decision, dated 7‑2‑1989 of the Ac ting Wafaqi Mohtasib (Ombudsman). The Acting Wafaqi Mohtasib directed that the case may be decided by an impartial Committee: The Committee held a meeting on 8‑6‑1989. After the deliberation, following decisions were taken:‑‑ (a) CAA. will make payment of retirement benefits to the permanent employees whether they retired from A.DA. or from the CAA. (b) CAA. will make payment of terminal benefits to the temporary work charge/maintenance employees for the period up to June 30, 1986. The amount of this period will immediately be released to the said employees by CAA. and after which they will be treated as CAA. employees with effect from July 1, 1986 to be governed under the CAA. Service Regulations for remaining period of service. (c) Payments made by CAA. for the pre‑CAA. period would be set off/adjusted by CA.A. at the time of settlement of assets and liabilities between Government and CAA. (d) CAA. will lodge claim with Pak. P.W.D. amounting to Rs.2,420 million for their share of the terminal benefits for the period relating to them. (e) Fund earlier released by CAA. to A.DA. for payment of such dues on interim basis out of pool fund established for payment of terminal benefits of work‑charge/maintenance staff will also be adjusted after due verification of actual amount by A.DA in this account. (f) A.DA. will directly pay dues to such employees out of the balance of W.C.P. fund available with them in this account. CAA. will remit to A.DA. the deduction made by them during CAA. period i.e. 1‑7‑1983 to 30‑6‑1986 so that lump sum payment could be made by A.DA. to the employees. (g) A.DA. will transfer service record of all the maintenance employees to CAA. lying at various A.DA. offices. (h) A special cell for dealing with retirement and terminal benefits of work‑charge/maintenance staff will be established at CAA. HO to prepare and finalize the claims of the employees. A.DA. will depute the required manpower to assist the cell. The decision of the Committee was not implemented by the respondents. The petitioner has a right to get. his retirement benefits from the respondents. Accordingly, the petitioner is entitled to the reliefs. We direct the respondents to comply with the decision of 'the Committee and make necessary steps for payment of retirement benefits to the petitioner. The Constitution petition is accordingly allowed to that extent with no order as to costs. . AA./M‑1929/K Petition accepted.