CJP takes suo moto notice of pensioners’ woes

Seeks report from federal, provincial govts

ISLAMABAD: The Chief Justice of the Supreme Court (SC), Anwar Zaheer Jamali, on Friday took suo moto notice on the issue of non-payment of retirement benefits by the relevant departments and fixed the matter in the court on November 14, 2016 with notices to the attorney general and advocate generals of all the provinces, including Islamabad, and all other concerned.

The notice was taken on a note of Justice Amir Hani Muslim, highlighting the issue of non-payment of pensionary benefits to retired employees.The chief justice was informed that despite clear-cut directions of the Supreme Court judgment in the case of Muhammad Ismail Memon (PLD 2007 SC 35), departments are willfully avoiding compliance that multiplies miseries of retired employees of the federal and provincial governments.

Justice Ameer Hani Muslim also mentioned the details of large number of complaints received in the Human Right Cell of the Supreme Court of Pakistan against different departments of the federal and provincial governments besides the accountant general Pakistan Revenues and the accountant generals of the provinces, wherein the employees had complained of non-payment of their pensionary dues.

The chief justice was informed that a cursory perusal of these complaints revealed that different wings of the AGPR or the accountant generals’ offices were denying pensionary benefits to employees or their widows by making frivolous objections.

Likewise, the relevant parent departments of the employees are equally negligent in issuing notification of retirement in time and submitting relevant pension papers to competent forum, thereby causing undue delays, the chief justice was informed.

It was further informed that the right to pension is a fundamental right of an employee guaranteed under articles 9 and 14 of the Constitution. Therefore, denial of the right of the employees, by the relevant parent departments, passing the buck on other department needs to be examined by this court on judicial side.

Meanwhile, taking notice of the issue, the chief justice of Pakistan directed the office to treat this note as petition under Article 184(3) of the Constitution and fix in court on November 14, 2016 with notice to Controller General of Accounts, Islamabad, AGPR, Islamabad, Accountant Generals, Punjab, Sindh, KP, and Balochistan as well as DGs, AGPR, Lahore, Karachi, Quetta and Peshawar, including the Military Accountant General, Rawalpindi, with direction to submit reports as to the number of cases in which the departments of the federal and provincial governments had not prepared or completed the pension papers of employees on attaining the age of superannuation or otherwise.

It was further directed that other treasury offices shall also submit details of those cases in which they had received notification of retirement of employees but failed to release their pension and other dues in time, with explanation. The chief justice directed to issue notices to the attorney general and advocate generals of all the provinces, including Islamabad.