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MUHAMMAD SIDDIQUE vs Senior EXECUTIVE VICE-PRESIDENT, PTCL Voluntary Separation Scheme (VSS) — 2021 SCMR 1284 SUPREME-COURT

Case information

Citation
2021 SCMR 1284 SUPREME-COURT
Court
Supreme Court of Pakistan
Year
2021
Reporter
SCMR
Parties
MUHAMMAD SIDDIQUE vs Senior EXECUTIVE VICE-PRESIDENT, PTCL Voluntary Separation Scheme (VSS)

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

Judgment text as reported

MUHAMMAD SIDDIQUE VS Senior EXECUTIVE VICE-PRESIDENT, PTCL Voluntary Separation Scheme (VSS)---Emoluments---Calculation of emoluments on basis of "Last basic pay" after availing VSS---Documentary evidence (Last Pay Certificate and Initial Pay Slip) showed basic pay of appellant as Rs. 8070/- , however during his cross-examination before the Tribunal below, he inadvertently mentioned his basic salary as Rs. 7,605---Held, that if a person had or had been bestowed some legal right and he omitted to claim such legal right through oral assertion but the best documentary evidence of the case was found in his favour then the documentary evidence should be given credence---In the present case the inadvertent statement of the appellant qua his basic pay had no force and could not be used to deprive him of his valuable rights---Supreme Court directed the respondent-department to recalculate the monthly pension and the amount of outstanding house building advance of the appellant in the light of his basic salary mentioned in the documentary evidence i.e. Rs. 8070/- and pay the difference to the appellant within a period of one month---Appeal was allowed.

Other judgments reported in 2021 SCMR

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