| Citation(s) |
|---|
| 2026 SLD 3473 |
W.P. No. 1079 of 2021
Presented By: (ARBAB MUHAMMAD TAHIR) JUDGE
21.11.2022 Petitioner in person. Muhammad Zahid Tanveer, Advocate for respondent. Khalid Mehmood Dhoon, AAG. Fazal-e-Rabbi, Deputy Registrar (Legal) AIOU. Dr. Agha Ghulam Haider, DD (Legal) M/o FE&PT.
Muhammad Rafiq
VERSUS
The Vice Chancellor, AIOU, Islamabad, etc. .
Law: Constitution of Pakistan 1973
Section: 9, 199
Summary
The petitioner, a retired Controller of Examinations (BS-19) of AIOU, sought revision of his pension on the basis of his total qualifying service of 40 years and 4 months, including service rendered in previous Federal Government departments. He also sought payment of Rs.706,211, which AIOU had received from Pakistan Post as pension contribution for his previous service.
AIOU opposed the petition on the grounds that its service statutes were non-statutory and that the benefit of an additional 2% pension for each year beyond 30 years of service (up to 10%) had been discontinued through Finance Division O.M. dated 04.09.2001.
The Islamabad High Court held that pension is closely linked with the constitutional right to life under Article 9 and that disputes regarding pensionary benefits can be examined in constitutional jurisdiction even against an autonomous body like AIOU. The Court noted that AIOU had already received the pension contribution amount from Pakistan Post in 2019 but had failed to decide the petitioner’s entitlement.