AKHTAR ALI vs POST MASTER GENERAL R — 2024 PLC(CS) 234 LAHORE-HIGH-COURT-LAHORE

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AKHTAR ALI VS POST MASTER GENERAL R. 40(1) & (5)---Pakistan Army Act (XXXIX of 1952), S. 176-A---Hand Book of Instructions dealing with Payment of Military Pension through Post Offices, R. 25---Payment of Military Pension through Post Offices, with-holding of---Forfeiture of pensions---Procedure for restoration of the pension forfeited---Whether the pensioner would be entitled to get pensionary benefits or not, whose sentence was suspended and he was released on bail during pendency of his criminal appeal---Petitioner was a retired army personnel whose pension was stopped on account of sentence of 'Imprisonment for life' awarded to him as T'azeer' by the Trial Court in a murder case---After release on bail, petitioner/convict moved an application to the respondent to immediately release his pension, however, the same was dismissed by the respondent---Petitioner invoked constitutional jurisdiction of the High Court contending that respondent had wrongly withheld pension of the petitioner as his sentence had been suspended, hence there was no justification for stoppage of his pension---Validity---Government servant who retires from service and gets pension does not get the same as bounty of the State but as a right acquired after earning satisfied record of service,however, in order to qualify for pension, the pensioner has to maintain his good conduct which is an implied condition for grant of pension---Grant of pension cannot be refused arbitrarily and if refused, it has to be in accordance with the relevant Rules---There are two conditions provided under Rule 2307 of General Conditions Governing Pension (C.S.R. 351) which empower the Government to withhold or withdraw the pension or any part of it, where the pensioner is convicted in a serious crime or is guilty of a grave misconduct---In Pension Regulations, Volume II (Army), 1986 ('the Regulations 1986'), Federal Government in exercise of the powers conferred by S. 176-A of the Pakistan Army Act, 1952 introduced certain amendments with regard to reduction or forfeiture of pensions if a military pensioner is convicted in a serious crime by court of law and is guilty of grave misconduct, and also provides a procedure for restoration of the pension forfeited---Rules 40 and 41 of the Regulations, 1986 prescribe that if a pensioner is sentenced to imprisonment for a criminal offence, his pension shall be stopped from the date of his imprisonment and the case shall be reported to the pay Disbursing Authority, who shall take up the case for orders of sanctioning authority---In case where a pensioner is kept in police or jail custody as an under-trial prisoner and is eventually sentenced, the suspension of pension shall take effect from the date of conviction---If a pensioner is sentenced to imprisonment by a lower court but is acquitted on appeal by a higher court, the pension withheld shall be restored forthwith---However, in case a pensioner is undergoing imprisonment in any criminal case his pension shall be sanctioned for the period of imprisonment in jail till the final decision of case, and either it may be end on his conviction or acquittal---Moreover, for suspension of a pension or release/restoration of a pension, the sanctioning authority shall decide the case in consultation with the Audit Officer, Controller of Military Pension and the civil authorities, if necessary---Rule 25 of Hand Book of Instructions dealing with payment of Military Pension through Post Offices provides that future good conduct shall be an implied condition of every grant of pensions or allowances---Admittedly, petitioner was convicted/sentenced to 'Imprisonment for life' in a criminal case---Pension regulations contemplated that if a pensioner is convicted/sentenced his pension is to be forthwith stopped/withheld---Under R. 25 of Hand Book of Instructions as discussed supra which provides that when the Postmaster becomes aware of any case in which a pensioner/convict is sentenced to imprisonment, he should forthwith suspend the pension and report this fact to the concerned Controller Military Accounts (Pension);similarly on release/acquittal of the pensioner from imprisonment, the Postmaster will obtain an application from the pensioner for restoration of pension and submit to the concerned Controller Military Accounts (Pension), along with required documents; Controller Military Accounts (Pension) will further take up the matter for release of pension with Sanctioning Authority--- In the present case, petitioner's pension was stopped due to sentence awarded by the competent Court of law whereby he was convicted/sentenced to Imprisonment for life in a murder case---In light of said provisions of law, it appears that petitioner would be entitled with regard to restoration of his pension only if his criminal appeal was successful and as a consequence of which, he was acquitted of the charge by the Court---In the Present case petitioner was not acquitted from the charge rather he was simply released on bail by High Court while suspending his sentence whereas his Criminal Appeal against conviction and sentence was still pending before High Court---Even otherwise, murder is a serious crime which act itself circumvented good conduct of the petitioner as envisaged under Rule 25 of Hand Book of Instructions, therefore, he was not entitled to get pensionary benefits till the acceptance of his appeal---Respondent/Post master General was justified to withhold the pension of the petitioner---Petitioner failed to point out any illegality or irregularity on the part of respondent---Constitutional petition was dismissed, in circumstances.

AKHTAR ALI vs POST MASTER GENERAL R — 2024 PLC(CS) 234 LAHORE-HIGH-COURT-LAHORE

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