Law: Constitution of Pakistan, 1973

Section: 199,4, 9, 18, 23 ,25

Law: SBP Banking Services Corporation Ordinance, 2001

Section: 16

Case Summary

The petitioner, a senior officer of SBP Banking Services Corporation (SBP-BSC), challenged a circular and amended regulation that allegedly retrospectively curtailed his vested severance and post-retirement medical benefits upon early retirement. He contended that his employment was governed by SBP-BSC Staff Regulations, 2005, particularly Regulation 18(A)(ii), which formed part of his contractual terms since appointment in 2010. According to the petitioner, denial of leave without salary forced him to opt for early retirement, which was later wrongly treated as resignation, resulting in unlawful recoveries and denial of accrued benefits.

The Court held that the dispute squarely pertained to contractual and service matters, including interpretation of service regulations and computation of dues, involving disputed questions of fact. Relying on settled Supreme Court precedent, the Court observed that such matters do not fall within constitutional jurisdiction under Article 199, particularly against SBP or its subsidiaries, where adequate alternate remedies are available.

Accordingly, the petition was dismissed as not maintainable, without prejudice to the petitioner’s right to seek relief before the appropriate forum.