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IN THE FEDERAL SERVICES TRIBUNAL ISLAMABAD

Appeal No....... ……..………/2018.

Dr Muhammad Mazahir Alam

House No C-167 Lala Rukh Wah Cantt.
Phone No.03335403756 ………. Appellant in person

VERSUS
Federation through
1. Secretary Ministry of Defense Production ,
Secretariat No. II Rawalpindi.
2. Secretary Establishment Division.
3. Secretary Ministry of Finance Islamabad
4. Pakistan Ordnance Factories through Director Administration POFs ‘Board Wah
Cantt.
5. DG Group Insurance And Benevolent Fund Islamabad
….1 to 5 Respondents

Sr# Description of Documents Date Page

1 Memo of Appeal 1 -8
2 Impugned Order received 13-11-18 7/11/2018 9 -10
3 Departmental Appeal 9-8-18 11 -12
4 JUDGMENT Peshawar High Court in WP No 1355-P/2013 3/11/2016 13 -17
5 SC order in CPLA 11-P OF 2017 15-2-18 18 -18
6 Copy of The Government of KPK SRO 20-04-18 19 -20
7 Copy of Government of Baluchistan issued Notification No. 3/11/2009 21 -26
PAB/Legis: V(10)/2009,
8 Affidavit 27 -27

Certified that the Appeal is complete and all necessary documents

are attached and correct to the best of my knowledge and belief.

(Dr Muhammad Mazahir Alam)

APPELLANT

IN THE FEDERAL SERVICES TRIBUNAL ISLAMABAD

Appeal No....... ……..………/2018.
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Dr Muhammad Mazahir Alam

House No C-167 Lala Rukh Wah Cantt.
Phone No.03335403756 ………. Appellant in person

VERSUS
Federation through
1. Secretary Ministry of Defense Production ,
Secretariat No. II Rawalpindi.
2. Secretary Establishment Division.
3. Secretary Ministry of Finance Islamabad
4. Pakistan Ordnance Factories through Director Administration POFs ‘Board Wah
Cantt.
5. DG Group Insuance And Ben0valent Fund
….1 to 5 Respondents

APEAL UNDER SECTION 4 OF FEDERAL SERVICES TRIBUNAL

ACT 1973 FOR EXTENSION OF BENEFIT OF JUDGMENT PAESED
BY HONORABLE PESHAWAR HIGHCOURT UPHELD LATER BY
HONORABLE SUPREME COURT FOR PAYMENT OF SUM
ASSURED UNDER GROUP INSUANCE AND BEN0VALENT FUND
AT TIME OF RETIREMENT.

Respectfully Shewth

FACTS
1. That the Appellant is working as Senior Medical officer BPS-18 in

Pakistan Ordnance Factories (POF) Hospital Wah Cant. POF is

government organization under control of Ministry of Defense

Production. Appellant is paid from Defense Estimates. Being

Federal Government Employee Appellant is entitled to all Pay&

Allowances and pension benefits prescribed by the Federal

Government.

2. That prescribed amount under heads of ‘Group Insurance’ and

‘Benevolent Fund’ has been recovered from monthly salary

throughout the service period of the Appellant. The benefits in lieu

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of amount recovered are extended to families of civil servant in

case of death as stipulated under following Rules.

3. The Section 21 of Civil Servant Act 1973 prescribes :

21. Benevolent Fund and Group Insurance.–-All civil servants and their
families shall be entitled to the benefits admissible under the Central
Employees Benevolent Fund and Group Insurance Act, 1969 (Il of 1969),and
the rules made there under.

4. The Federal Employees Benevolent Fund and Group Insurance Act,

1969 prescribes:
15. Insurance of employees.- Subject to the provisions of this Act and the
rules, in the event of the death of an employee, occurring by whatsoever
cause, during the continuance of his employment, the Board shall pay to the
family of the deceased employee a sum *[as may be prescribed].

16. Arrangements with Insurance Company etc.- The Board may from time
to time arrange for the insurance of the life of the employees in sums *[as may
be prescribed] with such insurance company or other insurer and for such
period as it deems fit, and where any such arrangement subsists, the liability
to pay the said specified sums shall directly devolve upon the insurance
company or other insurer.

17. Federal Employees Insurance Fund.- (1) There shall be established a

fund to be called the Federal Employees Insurance Fund which shall vest in
and be held and administered by the Board.
(2) All sums received from the employees as premia for the group
insurance of the employees and any interest or profit accruing thereon
shall be credited to the Insurance Fund.
(3) The moneys credited to the Insurance Fund shall be kept in such
bank as may be prescribed.
(4) All *[payments made under section 15, the] expenses on any
arrangement entered into by the *[Board] with any insurance company or
other insurer as provided for in section 16 and all expenses on the
administration of the Insurance Fund shall be defrayed from the
Insurance Fund.
(5) Any sums remaining in the Insurance Fund after refrying the
expenses referred to in sub-section (4) may be utilized for such purposes
connected with the benefit of the employees, *including retired
employees and their families as the Board may direct.

18. Payment of premia.- (1) Every employee shall be liable to pay to the
Insurance Fund such sum of money as may be prescribed as premium for the
insurance, of his life as provided for in this Chapter and the amount of such
premium shall as far as possible be deducted at the source from his pay and
credited or remitted to the Insurance Fund.
monthly premia is deducted from employee salary :
5. Sum assured is paid under section 19 of Federal Employees

Benevolent Fund and Group Insurance Act, 1969:

19. Payment of the sum assured.- (1) On the death of an employee, the sum
assured shall be paid to such member or members of his family as he might
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have nominated in accordance with the rules in full or in the shares specified
by him at the time of making the nomination.

6. That Appellant shall Inshallah retire from service on 14-10-2019 and

all amount paid as compulsory subscription to GI & BF shall be

confiscated.

7. That Under Government of Balochistan Notification No. PAB/Legis:

V(10)/2009, dated 03-11-2009 the sum assured for group insurance

is paid at time of retirement:

The sum assured shall be paid to employee or his family at the time of
retirement or death according to his last Pay Scale/Grade. In case employee
has been promoted after his retirement/death the differential amount shall be
paid according to the revised grade/pay subject to payment of difference in
premium

8. The Honorable Peshawar High Court in Writ Petition No 1355-

P/2013 passed ordered dated 3-11-2016 for refund of group

Insurance deducted monthly during service from appointment to

retirement. Then Honorable Supreme Court of Pakistan vide order

dated 15-2-2018 dismissed CPLA NO 11-P OF 2017 filed by

Govt. of KPK and upheld the order of Peshawar High Court .

9. The Government of KPK vide SRO dated 20-04-2018

implemented orders of Peshawar High Court and started refunded

amount of Group Insurance contributed from appointment till date of

retirement.

10. That question of law finally decided by Supreme Court is binding on

all State Institution, hence therefore applicable to Federal

Government Servants too. Appellant though non litigant in above

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court cases ,yet under settled principal of law he equally entitled for

benefits of Supreme Court Judgment stated above.

11. That an application addressed to respondent No.1 was submitted

through proper channel in office of Respondent No4. It was

requested that matter may please be taken up with competent

Authority to pass orders for extension of Supreme Court Order

passed in CPLA NO 11-P OF 2017 . the Application was not

forwarded to competent authority and incompetently rejected by

POF
12. Hence this Appeal before this Honorable Tribunal on the grounds

interalia.

GROUNDS

13. That significant portion of salary has been compulsorily deducted

for contribution to Benevolent Fund & Group Insurance, but

under present Rules no penny would be refunded in case of

retirement of Appellant. Such confiscation of legitimate earning of

Appellant is exploitation and as such violative of Constitution and

Injunctions of Islam.

14. That in 2009 Government of Baluchistan vide Notification No.

PAB/Legis: V(10)/2009, dated 03-11-2009 has already passed

legislations for the payment of sum assured for group insurance at

time of retirement. Similarly, the Balochistan High Court, Quetta, also

paid such assured amount of Group Insurance after retirement of his

staff members.

15. That it is relevant that all Insurance Companies pay the assured

sum of the Policy-holder either on the maturity of Insurance Policy or

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on the death of the assured person to his descendants. However,

due to exploitative provisions of section 19 of the Federal Employees

Benevolent Fund and Group Insurance Act, 1969 (Act No. II of

1969), as well as relevant provisions of the said Rules made there

under the Appellant is deprived of from such benefit on his

retirement/superannuation.

16. The Honorable Supreme Court of Pakistan vide order dated 15-2-

2018 dismissed civil CIVIL PETITION for leave to appeal No 11-p

of 2017 filed by Govt. of KPK and upheld law laid down in order

3-11-2016 of Honorable Peshawar High passed in Writ Petition No

1355-P/2013 for refund of group Insurance deducted monthly during

service from appointment to retirement... And Government of KPK

has executed orders of Supreme Court vide vide SRO dated 20-04-

2018.

17. That question of Law on subject matter has finally been decided by

Supreme Court in orders stated above and now constitutional

binding upon all State’s institutions. There are number of service

cases where on petition of one or more person case was decided by

Service Tribunal ,Shariat Court and finally by Supreme court and

then enforced in whole Pakistan. SC also held in Crl.Org.P.NO.89/11

etc.(1752 SCMR 2013) that there should be no conflicting laws at

provincial and federal levels and ordered Governments to streamline

service Rules.

18. That the Honourable Supreme Court of Pakistan has also held in

Judgments titled Hameed Akhtar Niazi The Secretary, Establishment

Division and Others [1996 SCMR 1185], Abdul Samad v. Federation of

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Pakistan [2002 SCMR 71], Managing Director, Sui Southern Gas

Company Limited, Karachi v. Ghulam Abbas [2003 PLC (C.S.) 796],

Ikram Bari v. National Bank of Pakistan [2005 SCMR 100], 2005SCMR

499, 2009SCMR 01, 2018 SCMR 380 , that benefit of a Judgment on

the same issue be extended to other persons who are similarly

placed and who may not be parties to the litigation instead of

compelling them to approach the Courts or Tribunals and the

Appellant is also deserving the similar treatment by this Honorable

Court.

19. That the Appellant is a citizen of Pakistan and is guaranteed

Fundamental Rights as contained in Chapter 1 of Part II of the

Constitution of the Islamic Republic of Pakistan as well as the

Appellant is entitled for equal protection of law for his Fundamental

Rights and from exploitation as provided in Article 3 of the

Constitution read with Articles 2A and Articles 31, 35, 37 and 38 of

the Constitution of the Islamic Republic of Pakistan.

20. That Article 8 of the Constitution of the Islamic Republic of Pakistan

provides as under :–

“8. Laws inconsistent with or in derogation of Fundamental Rights to

be void.– (1) Any law, or any custom or usage having the force of law, in so far
as it is inconsistent with the rights conferred by this Chapter, shall, to the extent
of such inconsistency, be void.

21. That aforementioned Discrimination violates all norms of justice,

fairness, State’s policy and fundamental rights enshrined in

constitution of Pakistan. Discrimination is worst evil of society.

Injunctions of Islam contained in Quran and Sunnah of Holy Prophet

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‫ ﷺ‬ordains justice and equality among all members of society and

forbid unjust deprivation from rights.

22. That the Honourable Supreme Court of Pakistan has expounded

basic principles for eradication of discrimination in its different

judgments, however, the principles expounded in judgment cited

as 2001 SCMR 1161 [Mst. Attiya Bibi Khan Federation of

Pakistan] are as und“Equal protection of law and equal treatment

before law under Article 25 of the Constitution of the Islamic

Republic of Pakistan provides the following principles with regard to

equality of citizens :

That equal protection of law does not envisage that every citizen is to be
treated alike in all circumstances, but it contemplates that persons similarly
situated or similarly placed are to be treated alike;

that reasonable classification is permissible but it must be founded on

reasonable distinction or reasonable basis;

that different laws can validly be enacted for different sexes, persons in
different age groups, persons having different financial standings, and
persons accused of heinous crimes;

that no standard of universal application to test responsibilities of a

classification can be laid down as what may be reasonable classification in
a particular set of circumstances, may be unreasonable in the other set of
circumstances;

that a law applying to one person or one class of persons may be

Constitutionally valid if there is sufficient basis or reason for it, but a
classification which is arbitrary and is not founded on any rational basis is
no classification as to warrant its exclusion from the mischief of Article 25;

that equal protection of law means that all persons equally placed be
treated alike both in privileges conferred and liabilities imposed;

that in order to make a classification reasonable, it should be based_

on an intelligible differentia which distinguishes persons or things that are

grouped together from those who have been left out;

that the differentia must have rational nexus to the object sought to be
achieved by such classification. – [Note M – Page 1183]

23. That the appellant will submit further GROUNDS at the time of

hearing of the Petition, if so necessary or deemed fit.

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PRAYER

In view of aforementioned it is very respectfully prayed that this Honorable

Tribunal may be pleased to accept Appeal and order graciously:

i. Payment of Sum Assured under Group insurance at time of

retirement.

ii. Refund with interest subscriptions of benevolent fund at time of

retirement.

iii. Any other relief deemed fit may also be granted.

Dr Muhammad Mazahir Alam

(APPELLANT)

IN THE FEDERAL SERVICES TRIBUNAL ISLAMABAD

Appeal No....... ……..………/2018.

Dr Muhammad Mazahir Alam

House No C-167 Lala Rukh Wah Cantt.
Phone No.03335403756 ………. Appellant in person

VERSUS
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Federation through
1. Secretary Ministry of Defense Production ,Secretariat No. II Rawalpindi.
2. Secretary Establishment Division.
3. Secretary Ministry of Finance Islamabad
4. Pakistan Ordnance Factories through Director Administration POFs ‘Board
Wah Cantt.
5. DG Group Insurance And Benevolent Fund Islamabad
….1 to 5 Respondents
AFFIDAVIT
I Dr. Muhammad Mazahir Alam S/O Muhammad Zaheer Alam R/o House

No. C-167 Lala Rukh Wah Cantt do herby solemnly affirm on oath that

whatsoever the statement, stated in accompanying appeal are correct and

true to the best of my knowledge and belief and nothing has been concealed

or withheld there from, . it is further verified that I have never filed any

appeal in this matter in any court of law.

( DEPONENT )