3474/2024 Const. P. Shoukat Ali Khawaja and Others (Petitioner) V/S Fed. of Pakistan and Others (Respondent)
Bench: Hon'ble Mr. Justice Adnan-ul-Karim Memon(Author), Hon'ble Mr. Justice Zulfiqar Ali Sangi
3474/2024 Const. P. Shoukat Ali Khawaja and Others (Petitioner) V/S Fed. of Pakistan and Others (Respondent) Sindh High Court
Bench: Hon'ble Mr. Justice Adnan-ul-Karim Memon(Author), Hon'ble Mr. Justice Zulfiqar Ali Sangi Order Date: 19-FEB-26
Pensionary benefits are vested/legal rights and cannot be curtailed through executive transfer or financial constraints. The denial of Revised Pay Scales 2017 and 2022 to PMTF retirees, while granting the same to employees of Heavy Mechanical Complex and Heavy Electrical Complex under State Engineering Corporation, amounts to discrimination in violation of Articles 9 and 25 of the Constitution. Accordingly, this petition is disposed of in the following terms: i) The competent authority of PMTF is directed to grant the benefit of Revised Pay Scales 2017 and 2022, along with all admissible Adhoc Relief Allowances, to the Petitioners notionally from the respective dates of their enforcement by the Federal Government, policy decision. ii) Upon such notional fixation, competent authority, Respondents PMTF and SEC shall recalculate the pension and commutation benefits of the Petitioners based on the revised last pay drawn. iii) The State Engineering Corporation Management Pension Fund is also directed to release revised pensionary benefits, including arrears, to the Petitioners within a period of three (03) months from the date of receipt of this order, if not earlier paid. iv) Any outstanding arrears accruing on account of such revision shall also be paid to the Petitioners within the aforesaid period.