Law: Federal Service Tribunals Act, (LXX of 1973)

Section: 3(4)

Law: Federal Service Tribunal Chairman and Members Service Rules, 1983

Section: 5

Law: Constitution of Pakistan, 1973

Section: 205, 212,260

Tagline : (1) Rule 5 of the FST (Chairman & Members) Service Rules, 1983 (2) Article 205 of the Constitution read with Clause 3 of the Fifth Schedule (3) Purpose of pension is to ensure old-age security in the second inning (4) Pension is a right and not charity/alms/donation but compensation for services.

Summary:

This judgment concerns a civil petition where the petitioner, after serving as Chairman of the Federal Service Tribunal (FST), sought pensionary benefits which were denied by the Ministry of Law & Justice. The court found that the Ministry failed to consider Rule 5 of the Federal Service Tribunal (Chairman and Members) Service Rules, 1983, which entitles the Chairman to pensionary benefits akin to a High Court judge if he is not a judge or government servant. The case is remanded for reconsideration in light of the said Rule, with a clear directive to issue a speaking order within three months.

Core Points:

• The petitioner served as Chairman, FST, and sought pension under the Presidential Order No. 3 of 1997.
• His appointment and service period were disputed as the High Court judgeship was declared void ab initio.
• Rule 5 of the Federal Service Tribunal (Chairman and Members) Service Rules, 1983, entitles non-judge Chairmen to salary, allowances, and privileges of a High Court judge.
• Ministry of Law & Justice denied pension citing the void status of the petitioner’s judgeship and contractual appointment.
• The High Court failed to properly consider Rule 5 in its impugned judgment.
• Supreme Court directed remand to Ministry for fresh consideration of pension claim under the Rules within three months.
• Ministry instructed to pass speaking order without influence from prior adverse findings and with an independent application of mind.
• Emphasis on pension as a vested right and economic refuge after service.

Law and Section Table: