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The Pension is a Vested Right and must be processed without Unnecessary Delays --- Supreme Court of Pakistan

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The Pension is a Vested Right and must be processed without Unnecessary Delays --- Supreme Court of Pakistan

Islamabad 30-08-2024: In a landmark ruling, the Supreme Court of Pakistan has directed the Sukkur Municipal Corporation to promptly process and pay the pension of a retired employee, Muhammad Yousaf, within three weeks. The decision came in response to a Civil Petition filed by Yousaf, challenging the denial of his pensionary benefits.

Muhammad Yousaf, who served as a Sanitary Worker for the Sukkur Municipal Corporation, had his service terminated without the adjustment of 811 earned leaves, which left him short of the qualifying service period for pension entitlement. The High Court of Sindh, Sukkur Bench, had earlier dismissed his petition for pensionary benefits, leading to his appeal to the Supreme Court.

The Supreme Court, comprising Mr. Justice Muhammad Ali Mazhar, Mr. Justice Syed Hasan Azhar Rizvi, and Mr. Justice Irfan Saadat Khan, found that the petitioner was not afforded due process before the forfeiture of his pension. The Court emphasized that under the West Pakistan Civil Service Pension Rules, 1963, good conduct is an implied condition for pension, but any adverse action must be preceded by a show cause notice and an opportunity for the employee to be heard.

The Court criticized the lack of due process in Yousaf's case, highlighting that his earned leaves, which were sufficient to make up the required service period, were not considered. The ruling also reiterated the fundamental right to a fair trial, as enshrined in Article 9 of the Constitution, which includes the right to be treated in accordance with the law.

Citing previous judgments, including Shahla Zia v. WAPDA (PLD 1994 SC 693) and Haji Muhammad Ismail Memon (PLD 2007 SC 35), the Court underscored the importance of timely and fair processing of pension claims. The decision serves as a reminder to government departments of their obligation to ensure that retired employees receive their pensionary benefits without unnecessary delays.

In a significant move, the Additional Advocate General, representing the respondents, assured the Court that the petitioner's case would be processed, and the pension paid within the stipulated timeframe. The Supreme Court converted the Civil Petition into an appeal and disposed of the case accordingly.

This judgment reinforces the legal principle that pension is a vested right, not a charity, and that the denial of such rights without due process is a serious violation of law. The ruling is expected to have wide-reaching implications for the handling of pension claims in government departments across Pakistan.