| Citation(s) |
|---|
| 2025 SLG 5496 2025 SLD 5496 = 2025 SCP 472 = 2026 SCMR 429 = 2026 PLJ 195 |
Civil Petition No. 4065 of 2024 [Against order dated 03.07.2024 of the Federal Service Tribunal, Islamabad passed in Appeal No.61(P) CS/2023]
Mr. Justice Naeem Akhter Afghan Mr. Justice Muhammad Shafi Siddiqui Mr. Justice Miangul Hassan Aurangzeb
Mr. Rashideen Nawaz Qasoori, Additional Attorney-General for Pakistan. Mr. M. Saeed Anwar, Assistant Account Officer. Mr. Abdul Rehman, APS. Ms. Shireen Imran, ASC
Muhammad Usman. … Petitioner
VERSUS
Federation of Pakistan through Secretary Finance, Finance Division, Islamabad and others. … Respondents
Law: Civil Servants Act, 1973
Section: 13(1)(i)
Law: Civil Service Regulations, 1960
Section: 418(a),418(b),XVII
Law: Service Tribunals Act (LXX of 1973).
Section: 4
Law: Constitution of Pakistan, 1973
Section: 185(3)
Summary
The Supreme Court of Pakistan allowed a petition against the Federal Service Tribunal's dismissal of a civil servant's appeal for pensionary benefits. The petitioner, who resigned in 2007 after over 20 years of service, faced rejection due to a delayed claim in 2020 and misapplication of CSR Regulation 418. The Court ruled that pension is a vested right not barred by delay or laches, and Regulation 418 applies only to reckoning prior service for new appointments, not forfeiting pension eligibility upon voluntary resignation after qualifying service.
Core Points
- Petitioner completed over 20 years of qualifying service as a Senior Auditor (BS-11) before resigning in September 2007, entitling him to pension under the amended Section 13(1)(i) of the Civil Servants Act, 1973.
- Department and Tribunal rejected the 2020 pension claim citing 13-year delay and voluntary resignation under CSR Regulation 418, deeming it a forfeiture of past service.
- Court held pension as a constitutional vested right earned through faithful service, not affected by delay, laches, or Limitation Act provisions.
- CSR Regulation 418 (in Chapter XVII on reckoning service) distinguishes resignations: 418(a) forfeits service for misconduct/inefficiency; 418(b) allows counting prior service when resigning for another countable public service appointment.
- Misapplication of Regulation 418 corrected via precedents like Zafarullah Shah and Muhammad Mubarak, confirming it does not bar pension after requisite service.
- Tribunal's order set aside; petition converted to appeal and allowed, directing release of pensionary benefits.
Laws and Sections
| Law/Regulation | Relevant Section/Clause | Key Provision Summary |
|---|---|---|
| Civil Servants Act, 1973 | Section 13(1)(i) (as amended by Ordinance No. XXXIV of 2001, dated 04.08.2001) | Qualifying service for pension reduced from 25 to 20 years; petitioner met this at resignation in 2007. |
| Civil Service Regulations (CSR) | Regulation 418(a) | Resignation from public service (or dismissal/removal for misconduct, insolvency, inefficiency, or exam failure) entails forfeiture of past service. |
| Civil Service Regulations (CSR) | Regulation 418(b) | Resignation from one appointment to take up another where prior service counts is not resignation from public service; prior service reckonable. |
| Civil Service Regulations (CSR) | Chapter XVII (overall context) | Titled "Rules for Reckoning Service"; governs counting of past service, not outright denial of pension post-qualifying service. |
JUDGMENT