ISLAMABAD:
The Federal Constitutional Court (FCC) has ruled that business rules do not allow the Balochistan government to grant lifetime benefits to retired chief secretaries or their widows.
“In the impugned notification, the petitioners sought to grant life facilities to the retired Chief Secretaries of Balochistan and their widows. It is important to note that the said holders are still civil servants, whose terms and conditions of service are governed by the Civil Servants Acts. Pension, being one of the post-retirement benefits, is also governed by the same and their pension benefits are calculated accordingly,” reads the judgment written by FCC Judge Aamer Farooq, while confirming the decision of the Balochistan High Court in this matter.
“The notifications issued by the petitioners, granting extraordinary facilities to the retired Principal Secretaries of the Government of Balochistan, go beyond the pension benefits granted to them. The Business Rules do not empower the Government of Balochistan to issue such directions by notification, especially when there is no legal backing,” the judgment added.
An FCC division bench headed by Justice Aamer Farooq heard the matter.
The notification regarding extension of facilities to retired chief secretaries of Balochistan and their widows for life was challenged before the Balochistan High Court.
The writ petition was allowed and the high court had formed the view that the right to benefits and privileges for a retired chief secretary, or any other public servant, is determined by the laws and regulations of the specific jurisdiction” and “claim for additional benefits and privileges which are also not supported by laws, rules or regulations, is not permissible because the specific benefits and privileges granted to retired chief secretaries are always described in the relevant legislation, rules or policies of the provincial government and these provisions may differ from jurisdiction to jurisdiction. to another.
The FCC has observed that a careful review of the Balochistan Business Rules, 2012 does not support the contention advanced by the Additional Advocate General that these benefits and privileges can be legally extended to the principal secretary under the rules.
“On the contrary, Rule 3(4) delineates the structure and composition of the Government of Balochistan by distributing its activities among various departments, as specified in Schedule I (Section B). The rule makes it clear that each department must exercise only those functions expressly assigned to it therein. In this context, Schedule I (Section B) specifically entrusts the Department of Finance with the authority to formulate civil service rules relating to pension, leave, pay revision and their interpretation for all government servants.
“This assignment indicates that any issue relating to pension benefits, including those of the Chief Secretary, falls within the exclusive domain of the Finance Department, and not of the Chief Secretary himself or even the Chief Minister.
“However, in the present case, the impugned benefits and privileges were granted by a notification issued by the Department of General Services and Administration, with the approval of the Chief Minister as the competent authority. Such authority is not contemplated or supported by the Business Rules; the action appears to have been taken without adequate legal basis.
“Consequently, the notification, having been issued without the necessary jurisdiction, was duly annulled by the competent High Court.”
“We also refer to the Balochistan Civil Servants Act, 1974, which states that “on retirement from service, a public servant shall be entitled to receive such pension or gratuity as may be prescribed.” See Section 19 of the Balochistan Civil Servants Act, 1974.
“Therefore, this provision of the law makes the servants of the government of Balochistan, which also includes the chief secretary, subject to such pension or gratuity as may be prescribed. Therefore, the pension of the civil servants is structured and is not beyond the limits of the law.
“One is entitled only to the amount permitted by law. Now, the pension so prescribed is also governed by the Balochistan Civil Servants Pension Rules, 1989, which lay down the rules relating to civil servants and their pensions. The benefits and privileges granted to the Chief Secretary are also not mentioned in the Rules and hence have no legal basis.”
“In the context of Pakistan, no action, whether taken by an individual or by a state authority, can be justified unless it is sanctioned by law. The Constitution of Pakistan, 1973, up to its Article 4, summarizes this understanding of positive law.
“It ensures that individuals are free to take all actions permitted by law, while ensuring that no one is prevented from doing what the law does not prohibit, nor forced to do what the law does not require. This clearly underlines that all actions hinge on the authority of the law. Therefore, the fundamental principle of our constitutional governance remains that all exercise of power must be rooted in and justified by the law.”
