November 20, 2002	Wednesday	Ramazan 14, 1423

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ISLAMABAD, Nov 19: The Supreme Court (SC) on Tuesday directed the State Bank of Pakistan (SBP) to pay pensionary benefits to 1,450 employees who had opted for the Golden Handshake Scheme in 1997. The decision is estimated to cost Rs125 million to the central bank.

The apex court reiterated its previous decision on the contempt petition filed by 11 petitioners. The court verdict, however, would apply to only 1,450 employees. Each one of them will get a benefit of Rs1.2 million.

The bank was also directed to pay the petitioners all arrears of benefits from Dec 16, 1997.

The SBP had contended that the petitioners had opted for retirement on Nov 22, 1997, and the amendments introduced later were not applicable to them.

The State Bank officials who were arraigned in the petition, contended that it was the decision of an institution, but individuals were being accused of the contempt.

Justice Fakir Khokhar observed that even the government could be held for contempt of court, as was held in the recent ruling by the highest court of England.

The SC bench comprising Justice Munir A. Sheikh, Justice Rana Bhagwandas and Justice Faqir Muhammad Khokhar disposed of contempt petitions against the State Bank governor, director human resources and director administration.

The court observed that the SBP management could had made a mistake in calculating the pension and dues in the light of the apex court judgment, and gave three months to the bank.

Senior advocates Fakhruddin G.Ibrahim and Akram Sheikh appeared on behalf of the petitioners while the State Bank officials were represented by senior advocate KMA Samdani.

The court decided that the petitioners would be considered in service of the Bank till Dec 15, 1997, and would get all benefits including raise in pension according to the Pension Rules dated May 9, 2002.

In another case, the apex court issued notice to the director-general of the National Accountability Bureau Balochistan on a petition filed by Abdul Sattar Lasi and others.

The bench comprised Chief Justice of Pakistan Justice Sheikh Riaz Ahmed, Justice Mian Mohammad Ajmal and Justice Mohammad Nawaz Abbassi.

The petitioners, some belonging to the food department, were involved in creating shortage of supplies of the wheat stock to various locations in Balochistan.

When arrested by the NAB, they went for plea bargain and paid Rs50 million and in addition they were asked to pay 15 per cent penalty over and above the money returned. On payment of the plea bargain amount, the petitioners were released on bail, but when they could not pay the penalty, they were arrested again.

When moved, the Balochistan High Court suspended the punishment and granted them bail asking them to submit sureties equivalent to the amount of penalty.

The petitioners counsel submitted before the court that the punishment of the penalty was not in accordance with law, and that the petitioners must be released because they had returned the money under the plea bargain arrangement.