Law: Constitution of Pakistan, 1973

Section: 199,4, 9, 10-A, 14, 24,25

Law: Civil Servants (Appeal) Rules, 1977

Section: 225,9,38

Law: Public Procurement Rules, 2004

Section:

Summary The petitioner challenged the deduction of Rs. 5.836 million from his pensionary benefits based solely on Public Accounts Committee (PAC) directives arising from an audit objection. The Court held that although pension is a statutory right and recovery is permissible in certain circumstances, such recovery cannot be made merely on the basis of audit observations or PAC recommendations. A lawful departmental inquiry, due process, and a final determination of liability are mandatory before any deduction from pensionary benefits. The Court directed that no further recovery be made from the petitioner's pension, allowed him to seek refund of any amount already recovered, and ordered the competent authority to decide the matter after hearing all concerned parties. Sections / Articles Used Numbers Only: 199 4 9 10-A 14 24 25 225 38 19(iv) 9 Laws: Article 199 — Constitution of the Islamic Republic of Pakistan, 1973 Articles 4, 9, 10-A, 14, 24 & 25 — Constitution of the Islamic Republic of Pakistan, 1973 Rule 225 — Sindh Civil Servants Rules Rule 38 — Public Procurement Rules, 2004 Para 19(iv) — General Financial Rules (GFR), Volume I Rule 9 — Civil Servants (Pension) Rules, 1977 Two 2-Word Descriptions Pension Recovery Due Process O R D E R The petitioner, Fareed Ahmed, has filed the instant petition under Article 199 of the Constitution of the Islamic Republic of Pakistan, 1973, seeking declaration that he is entitled to full pensionary benefits along with arrears amounting to Rs.13,467,981/- as advised by the Finance Department, and that the decision of the Public Accounts Committee (PAC) for recovery of Rs.5.836 million from his pensionary dues based on Audit Report 2005-2006 is illegal, void ab initio and violative of the principles of natural justice. He has further sought suspension of the impugned PAC decision dated 25.4.2025 and consequential letters dated 12.6.2025 and 17.6.2025, along with directions to the respondents to release his pension, gratuity, leave encashment, GPF, and outstanding salaries, and to restrain them from making any deduction during the pendency of the petition. Learned counsel for the…