Law: Civil Servants Act, 1973

Section: 13(1)(i)

Law: Civil Service Regulations, 1960

Section: 418(a),418(b)

Summary The Supreme Court allowed a civil servant's appeal against the Federal Service Tribunal's dismissal of his claim for pensionary benefits, ruling that his resignation after 20+ years of service did not forfeit his vested right to pension, despite a 13-year delay in applying and misapplication of CSR Regulation 418 by lower authorities. Core Points Petitioner completed over 20 years of qualifying service as a Senior Auditor (BS-11) before resigning in September 2007, meeting the reduced threshold under the amended Civil Servants Act, 1973. Department and Tribunal rejected the pension claim due to (i) belated application in 2020 and (ii) resignation triggering forfeiture under CSR Regulation 418. Court held pension is a constitutional vested right earned through faithful service, not a bounty; delay in claiming does not disentitle, as no laches or Limitation Act bar applies. CSR Regulation 418 (in Chapter XVII on reckoning service) applies only to counting prior service when resigning for another public appointment where service counts—not to outright forfeiture upon simple resignation. Precedents (Zafarullah Shah and Muhammad Mubarak cases) confirm Regulation 418(b) distinguishes resignations, preserving pension rights absent misconduct or specific disqualifiers. Tribunal's order set aside; petition converted to appeal and allowed, entitling petitioner to full pensionary benefits. Laws and Sections Law/Regulation Relevant Section/Clause Key Application/Interpretation 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. Civil Service Regulations (CSR) Regulation 418(a) Resignation of public service (or dismissal/removal for misconduct, etc.) entails forfeiture of past service. Civil Service Regulations (CSR) Regulation 418(b) Resignation to take up another countable public appointment is not resignation of public service; prior service counts (context: reckoning service in Chapter XVII). General Principles Principle of laches; Limitation Act Neither applies to bar pension claims, as no…