Optional Retirement Plan

2018 PLC(CS) 551 LAHORE-HIGH-COURT-LAHORE Judicial Precedent

Rr. 3.5 (1) & 2.7Optional retirementPensionary benefits, grant ofEmployee applied for optional retirement which was granted but his pensionary benefits were not released

Contention of department was that petitioner's service was less than twenty five years as he availed extraordinary leave for two years five months and twenty days which could not be counted towards qualifying service

Validity

Department had accorded approval to opt retirement in favour of employee

Department was bound to decide the pensionary matters within a period of two weeks

Department was bound to award pension and other service benefits to the employee

Employee had been denied his lawful right for a pretty long period of more than thirty three years

Employee had a right to enjoy the protection of law and to be treated in accordance with law

Public functionaries were required to ensure rule of law

High Court was required to enforce Fundamental Rights of citizens in discharge of judicial function

Department was directed to implement retirement notification and redress grievance of employee within a period of thirty days

Constitutional petition was allowed in circumstances.

2014 SCMR 135 SUPREME-COURT Judicial Precedent

Art. 185Civil serviceOptional Retirement PlanPast and closed transaction

Appellants got retirement under Optional Retirement Plan but subsequently claimed enhancement in salary, which was declined by High Court

Validity

Amount of payment had to be made on the basis of current basic pay

Retirement Plan was dated 26-6-2002 and appellants had voluntarily and without any coercion filed option forms on 1-8-2002, therefore, their current salary was their salary as on 26-6-2002 and not the salary enhanced

Payment made to appellants under Optional Retirement Plan, which was much more than regular pensionary benefits became past and closed transaction

Appellants could not benefit from any enhancement made after their retirement despite it being effective with retrospective effect

Judgment passed by High Court which did not suffer from any illegality was unexceptionable and no interference was called for by Supreme Court

Appeal was dismissed.