Law: Constitution of Pakistan, 1973

Section: 199

Law: National Insurance Corporation Employees Pension Funds Regulation, 1986

Section: 16(3)(IV)

Law: National Insurance Corporation (Reorganization) Ordinance, 2000

Section: 4(1)(3)

Summary The petitioner (a retired NICL employee) filed a constitutional petition seeking restoration of his commuted pension along with all increases granted during the 15-year commutation period. The Court held that: After 15 years, the commuted portion of pension must be fully restored with all increments granted during that period NICL employees’ service and pension rights are protected under law and aligned with Federal Government policy The respondent wrongly restored pension without applying increases, which is illegal Supreme Court precedents confirm that restored pension includes accumulated increases The Court directed the respondent authority to recalculate and restore the pension with all increases from the date of retirement to restoration and onwards. Sections Used Article 199, Constitution of Pakistan (Constitutional jurisdiction) Section 16(3)(iv), NIC Pension Regulations, 1986 (Pension indexing with federal policy) Sections 4(1) & 4(3), Reorganization Ordinance, 2000 (Protection of service terms) Two 2-Word Descriptions Pension Restoration Service Rights O R D E R The petitioner has filed the captioned Constitutional Petition under Article 199 of the Constitution of the Islamic Republic of Pakistan, 1973, with the following prayer: - That this Honourable Court may direct the Respondent No.2 to restore the commutation portion of his pension w.e.f 04.06.2017 along with difference amount, in view of section 16(3) (iv) of NIC Pension Regulations, 1986 and pursuance of letter dated 13th June, 2009 issued by the respondent No.1/Ministry of Commerce. The case of the petitioner is that he retired on 04.06.2002 from the respondent/NICL, after serving from 06.11.1986 to 03.06.2002 and initially received pension of Rs. 100,591 per month. On 31.05.2017, he requested respondent No. 2 for restoration of 50% commuted pension after completion of 15 years on 04.06.2017, when he was receiving Rs. 42,679 per month. After correspondence, he filed Constitutional Petition seeking restoration of surrendered pension in light of Finance Division letter dated 07.07.2015. Petitioner’s counsel argued that NIC, established under the NIC Act, 1976, was…