CONTROLLER MILITARY ACCOUNTS (PENSION) LAHORE CANTONMENT vs MUHAMMAD SABIR (DECEASED) R

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CONTROLLER MILITARY ACCOUNTS (PENSION) LAHORE CANTONMENT VS MUHAMMAD SABIR (DECEASED) R. 11---Pakistan Army Act (XXXIX of 1952), S. 176-A---Army reservist---Minimum pension, entitlement to---Army reservists were fixed rated pensioners and they were not entitled to minimum pension as allowed through different Office Memorandums on the subject---Pension Regulations of the Armed Forces ('Pension Code') (issued under S. 176-A of the Pakistan Army Act, 1952) created a class of reservist pensioners and this class of reservist pensioners had been created on the basis that one-half of a reserve service would be counted as pensionable service in case of a person recalled to the colours or called up for active service and a person discharged from the reserve after a prescribed period of combined colour/active and reserve qualifying service of not less than 15 years would be eligible for a special pension at the rates mentioned therein---Classification of reservist pensioners was quite distinct from other classes of pensioners in the Army---Main reason for such classification was that the reservists were paid fixed rated pension as fixed by the Pension Code, whereas the remaining classifications were of those, who were Retiring Pensioners, Invalid Pensioners, Superannuation Pensioners and Compensatory Pensioners and their pensions were not provided for in the Pension Code to be fixed rated, rather their pensions were counted on their having qualifying period of service and last pay drawn etc.---In the present case, the Pension Book of the respondent-army reservist, showed his class of pension as "proportionate SPR" and having the rank of sepoy, he was paid proportionate pension of the rate fixed in the Pension Code---Respondent had admitted that he was discharged as a reservist and he never alleged that he was a retired employee paid from Defence Services Estimates---Being not a retired employee, the four subject Office Memorandums dealing with quantum of minimum pension had no application to the respondent---Respondent was not entitled to the grant of a minimum pension as prescribed by the said four Office Memorandums and subsequent Office Memorandums issued on the same subject---While announcing minimum pension by the Office Memorandums, the Federal Government did not change or alter the fixed rates of pensions of reservists as prescribed by the Pension Code---Appeal was allowed and impugned judgment of High Court was set aside.

CONTROLLER MILITARY ACCOUNTS (PENSION) LAHORE CANTONMENT vs MUHAMMAD SABIR (DECEASED) R — 2021 PLC(CS) 940 SUPREME-COURT

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