Pension a right, not charity, alms: SC

ISLAMABAD: The Supreme Court has held that the payment of pensionary benefits is a vested right and not charity, alms or donation by the employer.

A three-member bench of the apex court, headed by Justice Muhammad Ali Mazhar and comprising Justice Syed Hassan Azhar Rizvi and Justice Irfan Saadat Khan, on Thursday issued a written order in the hearing held on June 12, 2024 in a case titled Muhammad Yousaf versus Province of Sindh.

The petitioner had challenged the order of Sindh High Court (SHC), Sukkur bench, passed on April 19, 2023, dismissing his appeal for the relief of pensionary benefits.

The Supreme Court, however, set aside the SHC order for not reflecting the correct exposition of law and failing to “advert” to main points of the issue.

The court disposed of the matter after the additional attorney general along with officers concerned assured it that the petitioner would be given pension within three weeks after adjustment of 811 earned leaves and the compliance report would be submitted in the apex court at Branch Registry, Karachi.

The court noted that in case of stringency and rigidity in affording this right, it is the function, rather a responsibility, of the court to protect this right so that no injustice and unfairness is done to anybody.

In his appeal, the petitioner in-person had argued that the high court failed to consider, despite availability of record, that he was booked in a false criminal case and his own son was murdered and he was also confined in jail, and if his 811 earned leaves are taken into consideration or adjusted, there is no justification to deprive him of the pensionary benefits.

He further argued that before forfeiting the service to make him disentitled of pension, neither any show cause notice was issued nor was any opportunity of hearing provided.