ISLAMABAD
The Federal Constitutional Court has declared that depriving a retired employee or their family members of pension benefits after retirement constitutes a violation of constituteional justice.
In a landmark ruling, the Federal Constitutional Court accepted the appeal of a widow of a municipal employee from Khyber Pakhtunkhwa and ordered the immediate release of all benefits and pension to the petitioner.
The court, in its written judgment authored by Justice Arshad Shah, ruled that pension is not a concession, charity, or favor, but rather a fundamental right of a retired employee.
The court observed that pension is the accrued compensation earned through years of loyal service and dedication. It is intrinsically linked to fundamental rights under the Constitution, human dignity, and the right to survival. The judgment further stated that if two interpretations of rules are possible, the interpretation favoring the employee shall be adopted. The court also noted that the Peshawar High Court had failed to properly evaluate the record and the law in its decision.
The Federal Constitutional Court set aside the Peshawar High Court’s order. The case was filed by the widow of Bashir, a deceased employee of the Tehsil Municipal Administration (TMA) Abbottabad.
According to the court directives, the widow shall be paid all benefits including pension, gratuity, commutation, and all outstanding dues.
Case Background:
Deceased Bashir was appointed as a fireman in Municipal Administration Abbottabad in 2011
He retired from the post of watchman in November 2020
Bashir’s qualifying service for pension fell short by 10 months and 25 days
The Secretary of Local Government approved the waiver of the shortfall in qualifying service
Despite approval from the competent authority, the Audit Department raised objections
Following the employee’s death in 2021, the widow approached the court for family pension
The court’s decision is expected to have far-reaching implications for retired government employees and their families across the country, reinforcing the legal protection of pension rights as fundamental entitlements rather than discretionary benefits.
