The Supreme Court (SC) on Tuesday granted State Bank of Pakistan leave to appeal against Sindh High Court (SHC) verdict which was passed in December 2010 in favour of 202 former employees of the Bank who received amount under Golden Hand Shake Scheme (GHSS).
A three-member bench comprising Chief Justice Iftikhar Muhammad Chaudhry, Justice Khilji Arif Hussain and Justice Amir Hani Muslim was hearing a petition titled State Bank of Pakistan through its Governor and others versus Imtiaz Ali Khan and others.
In his arguments, the counsel for the respondents, Abdul Rahim Bhatti contended that former employees who received money under GHSS were entitled to pension benefits under the Rules and Regulations of the SBP whereas the Bank's counsel Khalid Anwar pleaded that after receiving compensation under the scheme, the employees could not avail pension benefit's rights.
The Chief Justice observed: "The contract was matured between SBP and the employees who voluntarily received money under GHSS, adding if they were still interested to get pension benefits, they have to return the entire money with interest, received under the Scheme."
Counsel for the respondents pleaded that according to SHC decision in December 2010, the respondents were allowed to get pension benefits because they fall in the category, under which an employee who rendered more than 10 years but less than 25 years of service.
He further contended that the SBP Pension-cum-Gratuity Regulations 1980 was duly approved by the Federal Government under which the respondents are entitled to pension after rendering 10 years or above service. Bhatti added that under the scheme, the staff and officer of the SBP are entitled to the retirement benefits available under the existing Rules and Regulations of the Bank. He also referred Dr Yaqoob Ali, the former governor of SBP who made it clear that under the existing pension scheme, employees who have rendered 10 years of service are entitled to pension.
Senior Advocate Khalid Anwar told the bench that during 1997 former employees of the SBP voluntarily opted for GHSS, received full payment under the Scheme in the presence of absolute free consent, adding that total payment from the head was given amounts to million of rupees.
He made it clear that seven years after receiving the payment, the respondents claim pension benefits. He contended that under SBP Rules and Regulation, employees are divided into two categories to claim pension. In the first category, employees who have served for more than 25 years or crossed 60 are entitled to pension as a matter of right. In the second category in which the present claimant falls are the employees who have served more than 10 years but less than 25 years and have not reached the age of superannuation. The bench adjourned the hearing for two months.
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