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Thursday, 22 October 2015

RESTORATION OF COMMUTED PORTION OF PENSION ALONGWITH INCREASES



No.IT(FD)3-1/2015
INSPECTORATE OF TREASURIES & ACCOUNTS
GOVERNMENT OF THE PUNJAB
FINANCE DEPARTMENT
4-A, Lytton Road, Lahore, Ph: 042-99211093
E-mail: ciotfdlhr@gmail.com
Dated Lahore, the 28th February, 2015


The appeals against the above judgment were dismissed by the Honourable Division Bench of the Lahore High Court, Lahore, vide judgment reported as Additional Accountant-General Pakistan Revenue, Lahore versus A.A. Zuberi (2011 PLC (C.S.) 580), operative part thereof is as under: “22. We, therefore, hold that under Rule 3.29 of the Pension Rules (supra) the restoration of pension means the pension due to a retired civil servant in that year inclusive of all the increments till that time (i.e. accumulated over the last 15 years in this case). In other words it would simply be double the amount of 50% pension the respondents are already drawing. These appeals are, therefore, dismissed. The order of the learned Single Judge is modified/clarified in the above terms.”
In the above case, though appeals were dismissed but the appellate order substituted the order appealed against. After decision by the Division Bench, the order appealed against is non-existent. In the same manner, after announcement of judgment by the Honourable Supreme Court in the instant case, the orders appealed against have been substituted with orders of the Honourable Supreme Court by operation of the principle of merger.”




































































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