Law: Constitution of Pakistan, 1973

Section: 9

Case Summary

This case concerns the non-payment of back service benefits and pensionary dues of a government employee (Naib Qasid) who was prematurely retired on medical grounds in 2014 despite being declared fit by the medical board. After prolonged litigation, multiple court orders, and directions from the Sindh Subordinate Judiciary Service Tribunal and the High Court, the petitioner was reinstated, but his salary and back benefits for the period 01.12.2014 to 06.11.2018 were never paid.

Despite repeated court orders (especially dated 15.10.2020) directing the release of dues, the respondents failed to comply, citing procedural issues and lack of finance department approval. During the pendency of the petition, the petitioner passed away, and his legal heirs pursued the claim.

The Court held that pension and service benefits are a legal right, not a bounty, and their denial violates Article 9 (Right to Life) of the Constitution. The Court directed senior government officials and the Accountant General to resolve and release the service benefits within one month, emphasizing Supreme Court precedents that prohibit withholding pensionary dues.