520/2009 Const. P. Masood Ahmad Bhatti. (Petitioner) V/S Federation of Pakistan & Ors (Respondent)
Sindh High Court
Bench: Hon'ble Chief Justice Mr. Justice Muhammad Shafi Siddiqui(Author)
Order Date: 14-MAY-13
Perusal of the contract shows that it is one time concluded contract and the parties were neither coerced nor compelled to enter such adjustments. The VSS scheme was signed by the petitioner challenging certain statistics in terms of the length of service which he could have agitated before VSS Support Centre to initiate the appeal process which was to be decided within 180 days of the VSS announcing date. The petitioner did not opt for such process and has voluntarily signed the separation scheme. It is a binding and concluded contract and the petitioner cannot resile from the terms and conditions thereof. It is required to be accepted as it is or not at all as it is the spirit of the contract itself which says take it or leave it. The petitioners claim appears to have been further adjusted only as a gesture of good-will when the package was enhanced to Rs.4,039,307/- and an additional amount of Rs.791,291/- was offered along with enhanced payable pension to the petitioner. In the circumstances, we are of the view that the petitioner has failed to substantiate his claim vis-??-vis final VSS settlement and release of his actual pension and other service benefits, however, since the petitioner is agitating his grievances since 2009 and the amount is also lying with the respondents, therefore, the petitioner is entitled to the interest over such amount. Accordingly, while disposing of the petition vide short order dated 14.05.2013 the respondents were directed to pay interest at the rate of 8% per annum from 10.3.2008 till the entire amount is paid to the petitioner. .Full judgment text for this case is not yet available on Pakistan Law Reports. Check the official Sindh High Court case law portal for the complete order.
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