Pension is a Constitutional Right, Not a Favor: The Supreme Court has clarified that government employees cannot be denied retirement benefits. The court emphasized that a pension is a legal right, not a charity, and applies even if an application is delayed or the employee resigns. This ruling reinforces the importance of pension eligibility under Pakistan’s pension law.
In a recent three-member bench judgment, the Supreme Court overturned the Federal Service Tribunal’s decision that had denied a pension to Muhammad Usman, a senior auditor who served more than 20 years at the Military Accountant General’s office. The court highlighted that under the Civil Servants Act 2001, qualifying service for pension was reduced from 25 to 20 years. Therefore, the petitioner fully met the statutory pension requirement.
The court also clarified that doctrines such as laches and the law of limitation do not apply to pension cases. Resignation alone cannot bar a government employee’s pension if the required service length is completed. CSR Regulation 418 was misapplied in the tribunal’s ruling, as it concerns counting service, not the complete forfeiture of pension. This ensures entitlement to a pension upon retirement and full pensionary benefits for eligible employees.
Legal experts say this decision strengthens protections for government workers and sets a clear precedent in pension law in Pakistan. It also ensures that delayed pension applications will no longer be a barrier. The Supreme Court reaffirmed that a misunderstanding of pension law by departments cannot override constitutional rights.
This ruling impacts thousands of retirees and current employees, securing their retirement benefits and clarifying pension eligibility. It demonstrates that a pension cannot be refused and underscores the government’s duty to honor statutory entitlements.
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Pension is a Constitutional Right, Not a Favor: Supreme Court confirms government employees’ legal right to pension and retirement benefits.
