DIVISIONAL ACCOUNTS OFFICER, PAKISTAN RAILWAYS, RAWALPINDI vs MUHAMMAD YASEEN (DECEASED) Medical allowance for pensioners — 2022 PLC(CS) 765 SUPREME-COURT

Case information

Citation: 2022 PLC(CS) 765 SUPREME-COURT
Court: Supreme Court of Pakistan
Year: 2022
Reporter: PLC
Parties: DIVISIONAL ACCOUNTS OFFICER, PAKISTAN RAILWAYS, RAWALPINDI vs MUHAMMAD YASEEN (DECEASED) Medical allowance for pensioners
Subject matter: Service

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

DIVISIONAL ACCOUNTS OFFICER, PAKISTAN RAILWAYS, RAWALPINDI VS MUHAMMAD YASEEN (DECEASED) Medical allowance for pensioners---Employee of Pakistan Railways allowed move over to BS-16 claiming benefit of medical allowance for BS-15 employees on the basis that his substantive grade at time of his retirement was BS-15---Held, that respondent-employee had opted for move-over to BS-16 in which he chose to retire and was granted pension on the basis of last drawn pay of BS-16 and medical allowance of 20% of the pension permissible to those in BPS-16---Medical allowance was payable on the pension drawn---In view of the fact that the respondent admittedly drew pension calculated on the basis of his last drawn pay which was that of BS-16, he was correctly paid medical allowance @ 20% of the pension drawn---Respondent was actually claiming two benefits; while on the one hand he was drawing pension calculated on the basis of his last drawn pay in BS-16 and on the other hand he claimed benefit of a higher medical allowance at the rate of 25% of pension payable to persons retiring in BS-15, which is contrary to the plain language of the relevant Office Memorandum---Appeal was allowed, and impugned judgment of Service Tribunal allowing respondent medical allowance of 25% of the pension was set aside.

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