ISLAMABAD: The Supreme Court on Thursday held that pension benefits are a vested right and not charity, alms or donation by the employer who must accept them as a compensation for the services rendered by an employee assiduously by giving blood, sweat, toil, and tears.

“The payment of pensionary benefits are protected under the law, rules and regulations even in the private sector, where the scheme of pension in vogue is according to the organisational/management policy,” observed Justice Muhammad Ali Mazhar while hearing an appeal of Muhammad Yousaf against the April 19, 2023 order issued by the Sindh High Court (SHC).

In its order, the SHC’s Sukkur bench had rejected Mr Yousaf’s constitutional petition seeking pension benefits.

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Time and again it is seen in different cases, the judgement recalled, that after serving for a long period, when a person reaches his superannuation and submits his papers for starting pension, instead of fulfilling the requirements and helping out the past employee, the department started raising unwarranted glitches or complications to delay the pension benefits resting on unmerited or trivial pretexts including financial crunch, which has nothing to do with a retired employee, regretted Justice Mazhar who was heading a three-judge Supreme Court bench also consisting of Justice Syed Hasan Azhar Rizvi and Justice Irfan Saadat Khan.

Regrets even widows and orphans of former employees face disgraceful situation for payment of pension

Even the widows and orphans of retired employees faced such a terrible and disgraceful situation for the payment of family pension — a right and not charity, regretted the nine-page judgement.

In the self-accountability process with the honest motto of not dragging the payment of pension benefits, the persons responsible in order to change the culture of making delays should maintain a clearheaded policy to complete the process for pension fairly within a sensible time.

“If a swift process really comes into fashion by means of their sincere efforts then hopefully, at the time of their retirement, they may not face the same problems and hindrances that their past colleagues face.”

As the saying goes, “as you sow, so shall you reap,” Justice Mazhar emphasised.

The employer is bound to process the pension claim as soon as the pension papers are filed, the verdict said and recalled how due to inordinate delay, the court showed displeasure and observed in the case of Haji Muhammad Ismail Memon that everyone who was responsible in delaying the case of retired officers/official or widows or orphan children for the recovery of pension/gratuity and GP Fund should be penalised.

“Under the exactitudes of pension rules and regulations, the concerned department is obligated to immediately process the pension papers without putting it on hold or throwing it in shelves for an unlimited period of time,” he observed.

At the same time, it is also the onerous duty of the head of the department who are engaged in the completion process to keep a vigilant eye to ensure swift payment of pension benefits without unreasonable delay for safeguarding the interest of the retired employees and their families.

They should also remember that in near future, they will also relish the flavour of retirement and file their own papers for pension and step into the shoes of retired employees, highlighted Justice Mazhar.

The petitioner was initially appointed as a sanitary worker by the Sukkur Municipal Corporation (SMC) on Sept 14, 1992, on a leave vacancy basis but his engagement was discontinued on Nov 11, 1992. However, he was re-appointed on a permanent basis on Sept 14, 1993. He was retired on May 23, 2019 with effect from Feb 28, 2018 but as a matter of fact, his date of superannuation was April 6, 2019.

It was alleged that his absence from Dec 1, 2015 to Jan 11, 2016 was beyond his control since during this period, he was lodged in the Central Jail due to enmity in a false case.

The petitioner contended he had at least 811 earned leaves at his credit which were not taken into consideration and he was deprived of his pension benefits without any show-cause notice or any right of audience, the judgement regretted.

The Supreme Court set aside the SHC order, saying it did not reflect the correct exposition of law.

The court, however, disposed of the matter when Additional Advocate General Sindh came to the rescue of provincial officers, assuring the court that petitioner’s case will be processed and payment will be made within three weeks after adjustment of 811 earned leaves.

Justice Mazhar observed that the foremost strength of mind was to safeguard the economic refuge and shelter and recuperate old-age security by providing the pension.

Published in Dawn, August 30th, 2024