2000 PLP 657 (SCMR)

IRSHAD HASAN KHAN, J.

Through this common order, we intend to dispose of C.P.L.A. Nos.781-L to 785-L and 788-L of 1999 arising out of consolidated order, dated 6-4-1999 passed by the Division Bench of the Lahore High Court in I.C.A. No.1109 of 1998, whereby petitioner's Writ Petitions challenging their termination of service with effect from 30-9-1997 were dismissed

2. The petitioners herein were workers in the Punjab Road Transport Corporation (hereinafter called the Corporation). The Corporation announced the Golden Handshake Scheme vide Memo. No.PRTC/REC-208/97/412, dated 21-6-1997. The main features of the Golden Handshake Scheme read thus:-- ' "(1) The offer of Golden Handshake Scheme includes additional monetary benefits to the employees equivalent to 2 months' basic pay and one month's salary including allowances. These benefits are applicable only in case of employees who are not going to attain the age of superannuation on or before 30th June, 1997, or are not presently on LPR. (2) Employees qualifying the offer of Golden Handshake Scheme as explained at para. l above, will be paid extra emoluments equivalent to 2 months' basic gay and one month's salary including allowances in addition to the dues admissible to them under the PRTC's relevant rules and regulations, as follows: (a) Employees having completed 26 or more years of service are entitled to pension as well as encashment of LPR subject to title. Besides, commutation and additional monetary benefits as enumerated above, they will be paid monthly pension regularly in accordance with the rules of the Corporation. (b) Employees having completed nine and half years or more years of service but less than 26 years of service will be paid commutation as well as two months' basic pay and one month's salary including allowances. Their monthly' pension will be paid according to the rules of the Corporation regularly. (c) Employees with less than nine and half years of service will be paid gratuity Ca 45 days' basic pay for each completed year of service, as well as extra emoluments i.e. two months' basic pay and one month's salary including allowances. (3) All the employees accepting above mentioned Golden Handshake Scheme shall stand retired/struck off the strength of the PRTC w.e.f. 30th June, 1997 and their posts shall stand abolished. Their dues under Golden Handshake Scheme will be paid within a period of ninety-two days i.e. by 30th September, 1997. (4) All employees wilting to accept the GOLDEN HANDSHAKE offer on the above terms and conditions, may submit their applications on the prescribed form (enclosed) available in each Ancillary Unit with District Manager/Officer Incharge and Divisional Headquarters up to 30th June, 1997. Incomplete Declaration Form shall not be acceptable. (5) The concerned Unit/District Manager will obtain a No Demand Certificate in respect of all those employees who opt for Golden Handshake Scheme. (6) Any employee facing charge of misconduct or misappropriation shall not be able to apply for this Scheme until he is exonerated of the charge. (7) Option once exercised within the specified period shall not be withdrawn by the employee concerned and shall be treated as final. (8) 4 recent passport size photographs duly attested should also be enclosed to the Declaration Forms in each case. "

3. The petitioners challenged their termination from service by means of their respective writ petitions, which were dismissed on 14-10-1998 by a learned Single Judge of the Lahore High Court. The Intra-Court Appeals filed by them were also dismissed vide the impugned consolidated .judgment dated 6-4-1999. The petitioners now seek leave to appeal.

4. We have heard Sh. Khizar Hayat, learned counsel for the petitioners and Mr. Ahmed Awais, learned counsel for the respondent-Corporation and Syed Sajid Ali Bokhari, Managing Director of the Corporation. After hearing the learned counsel for the parties, we were not inclined to grant leave, in that, the Corporation had already become non-functional and, therefore, no question arose for reinstatement of petitioners.

5. Be that as it may, during the course of submissions, Sh. Khizar Hayat, learned counsel for the petitioners moved an application (marked 'A') which reads as under:-- "I am counsel in C.P.L.A. Nos. 781 to 786 on behalf of the petitioners which are pending in this Hon'ble Court and are fixed for today. On the instructions of clients I may submit that direction may be given to the respondents that golden handshake papers submitted now by the petitioners should be deemed to have been submitted before the target date and while calculating the pension and other payable dues no deduction be made on account of late submission of Pension Papers and also the salary paid till 30-9 1999 (The correct date is 30-9-1997) shall not be deducted. Also some date may be fixed for submission of papers and payment of dues. In the event of these directions petitions may be disposed of as not pressed. (Sd.) Sh. Khizar Hayat, ASC for petitioners" (Parenthesis is ours). It appears that the above date was written inadvertently in line 13 of the application. The services of the petitioners were terminated with effect from 30-6-1997, as per paragraph 3 of the Golden Handshake Scheme.

6. Mr. Ahmed Awais, learned counsel for the respondent-Corporation and Syed Sajid Ali Bokhari, Managing Director of the Corporation opposed the above application.

7. After re-considering the case, as well as, the application moved by the learned counsel for the petitioners, we direct that: (I) The petitioners are allowed to submit their applications on the prescribed form under the Golden Handshake Scheme within fifteen days from today, if so desired. Such applications, if submitted, shall be deemed to have been submitted before the target date as contemplated by paragraph 4 of the Golden Handshake Scheme. (ii) Those petitioners not accepting the Golden Handshake offer shall be deemed to have been retired, subject to their eligibility for retirement as laid down by the rules/regulations/instructions of the Corporation, and while calculating the pension and other payable dues no deduction shall be made on account of late submission of pension papers and also the salary paid to them till 30-9-1997 shall not be deducted. (iii) This order shall not be applicable to those petitioners who have already submitted their pension papers to the Corporation. (iv) The payment due to the petitioners shall be made by the respondent Corporation as expeditiously as possible but not later than three months from the filing of the requisite papers. (v) This order is confirmed to these petitions alone.

8. With the above observation, the petitions are disposed of. H.B.T./S-152/S Order accordingly.