ISLAMABAD:
The Federal Constitutional Court (FCC) ruled that business rules do not allow the Balochistan government to provide lifetime benefits to retired chief secretaries or their widows.
“In the impugned notification, the petitioners sought to grant the retired Chief Secretaries of Balochistan and their widows for life. It is important to note that the referred incumbents have remained civil servants whose terms and conditions of employment are regulated under the Public Servants Act. The pension, which is one of the post-retirement pension benefits, is the same as their retirement benefits and pension benefits which are the same. drawn up in accordance hereby,” says a judgment authored by FCC Judge Aamer Farooq while upholding the Balochistan High Court’s decision in this case.
“The notification(s) issued by the petitioners granting extraordinary facilities to the retired Chief Secretaries of the Government of Balochistan are in addition to the pension benefits granted to them. The Rules of Procedure do not empower the Government of Balochistan to issue such directions by way of notification, especially when there is no support in law,” the judge added.
A division of the FCC headed by Judge Aamer Farooq heard the case.
The notification regarding the extension of facilities to retired Chief Secretaries of Balochistan and their widows for life was challenged in the High Court of Balochistan.
The writ was granted and the High Court had formed the opinion that the right to fringe benefits and privileges of a retired chief secretary or any other public servant is determined by the laws and regulations of the specific jurisdiction” and “claims for additional fringe benefits and privileges that even without the support of law, rules, regulations, are not allowed to privileges and privileges because the specific privileges are not allowed and withdrawn. secretaries are always described in the relevant legislation, regulations or policies of the provincial government and these provisions may vary from one jurisdiction to another.
The FCC has noted that a careful perusal of the Balochistan Rules of Business, 2012 does not support the contention advanced by the Additional Solicitor General that these perks and privileges can be legally extended to the Chief Secretary under the Rules.
“On the contrary, Rule 3(4) delineates the structure and composition of the Government of Balochistan by apportioning its functions among various departments as specified in Schedule-I (Section B). The rule makes it clear that each Department shall exercise only the functions expressly assigned to it therein. In this context, Schedule-I (Section B) specifically relating to the Pension Department leaves the rules to leave the rules to leave the rules to leave the rules specifically to the Pension Authority, regarding pay revision and their interpretation for all government employees.
“This award indicates that any matter relating to pension benefits, including that of the Chief Secretary, falls within the exclusive domain of the Finance Department, rather than the Chief Secretary himself or even the Chief Minister.
“However, in the instant case, the impugned perks and privileges were granted through a notification issued by the Service and General Administration Department, with the approval of the Chief Minister as the competent authority. Such an authority is neither contemplated nor supported by the business rules, the action appears to have been taken without proper legal basis.
“Consequently, the notice, being issued without the requisite jurisdiction, was properly dismissed by the learned High Court.”
“We also advertise the Balochistan Civil Servants Act, 1974 which provides that “on retirement from service, a civil servant shall be entitled to receive such pension or gratuity as may be prescribed”, See Section 19 of the Balochistan Civil Servants Act, 1974.
“So this provision of the Act makes the officers of the Government of Balochistan, which also includes the Chief Secretary, subject to such pension or gratuity as may be prescribed. So the pension of officers is structured and is not outside the limits of the law.
“One is only entitled to such amount as is allowed under the law. Now the pension so prescribed is also regulated under the Balochistan Civil Servants Pension Rules, 1989, which contains the rules relating to civil servants and their pension. The perks and privileges given to the Chief Secretary are also not mentioned in the Rules and therefore have no basis in the law either.”
“In the context of Pakistan, no act, whether by an individual or any governmental authority, can be justified unless it is sanctioned by law. The Constitution of Pakistan, 1973 to Article 4 encapsulates this understanding of positive law.
“It guarantees that individuals may freely perform all actions permitted by law, while ensuring that no one is restrained from doing what the law does not prohibit, nor compelled to do what the law does not require. This clearly emphasizes that all actions revolve around the authority of the law. Thus, the basic tenet of our constitutional exercise of power must remain rooted in the law, and remain justified by the law.”
