Law: Constitution of Pakistan 1973

Section: 199, 4 & 25, 9 & 14

Law: National Book Foundation Act, 1972

Section: 8

Tagline Executive Office Memorandums (OMs) cannot override the statutory service rules of an autonomous body; retirement benefits such as gratuity are vested rights that cannot be withdrawn through administrative instructions without a lawful amendment by the competent statutory authority. Summary The petitioner, a retired BPS-17 officer of the National Book Foundation (NBF), approached the High Court under Article 199 of the Constitution to challenge the withholding of his gratuity. Despite serving the Foundation for thirty-nine years, his gratuity was denied based on Finance Division Office Memorandums (OMs) dated 16.10.1984 and 21.01.2015. The petitioner contended that as an employee of a statutory autonomous body, his service terms were governed by the National Book Foundation Service Rules, 1973, which explicitly entitle confirmed employees to both Contributory Provident (CP) Fund and gratuity. The Court allowed the petition, declaring the withholding of gratuity illegal and without lawful authority. The judgment established that the NBF is an independent statutory entity governed by its own Board of Governors (BoG) under The National Book Foundation Act, 1972. It held that executive instructions issued by the Finance Division for civil servants do not automatically apply to autonomous bodies unless specifically adopted by their competent authority. Since the BoG never amended the 1973 Rules to withdraw the gratuity benefit, the petitioner’s right remained vested. The Court further emphasized that retirement benefits are not a "bounty" but a protected right linked to constitutional guarantees of dignity and livelihood. ORDER; SYED MUDASSER AMEER. J. Through this petition filed under Article 199 of the Constitution of Islamic Republic of Pakistan, 1973, the petitioner seeks declaration that Finance Division’s Office Memorandums dated 16.10.1984 and 21.01.2015 and the pursuant letter bearing No.3089 HAA-591 dated 09.10.2024 issued by respondent No.5 are illegal, without lawful authority and of no legal effect to the extent they deprive the petitioner of gratuity. The petitioner further seeks directions to the respondents…