The Supreme Court has delivered a landmark verdict in favor of government employees, affirming that pension is a constitutional right and not a mere concession. Muhammad Usman’s petition for pension benefits, previously denied by the Federal Service Tribunal, has now been approved.
The apex court ruled that Muhammad Usman, who resigned in September 2007 after completing twenty years of service, is fully entitled to pension benefits. The Federal Service Tribunal’s earlier decision to reject his claim was declared null and void.
The court clarified that the department’s condition requiring twenty-five years of service was legally incorrect.
'Pension is not a concession'
The Supreme Court emphasized that pension is a constitutional right granted to employees who have completed 20 years of qualifying service. It cannot be treated as a privilege or concession.
Justice Shafi Siddiqui, writing the judgment, stated that pension entitlement does not expire due to late application and is not subject to the Limitation Act.
The judgment highlighted that Regulation 418 pertains only to the calculation of service. Any interpretation by departments or tribunals restricting pension rights is legally unacceptable.
The bench, also including Justice Naeem Akhtar Afghan and Justice Mian Gul Hassan Aurangzeb, confirmed that Muhammad Usman is entitled to all pensionary benefits under the law.
