The Federal Constitutional Court (FCC) has ruled that pension is a legally enforceable right linked to a person’s livelihood and dignity and cannot be withheld through arbitrary or unjustified administrative action. A two-member bench led by Chief Justice Amin ud Din Khan allowed an appeal filed by Abida Parveen, the widow of late Bashir Hussain, who had sought the release of her husband’s pension and other retirement benefits from the Khyber Pakhtunkhwa government.

A two-member bench led by Chief Justice Amin ud Din Khan allowed an appeal filed by Abida Parveen, the widow of late Bashir Hussain, who had sought the release of her husband’s pension and other retirement benefits from the Khyber Pakhtunkhwa government.

The court directed the provincial government to process and release her pension, family pension, gratuity, commutation, arrears and other applicable retirement benefits, including any lawful revisions and increases.

The case arose after Bashir Hussain, who had served in the Municipal Administration Abbottabad, retired in November 2020 and applied for pension. The competent authority later condoned a shortfall of 10 months and 25 days in his qualifying service.

However, his pension was not released before his death in June 2021. His widow subsequently pursued the family pension but was unsuccessful before the Peshawar High Court, prompting her appeal before the Federal Constitutional Court.

The FCC found that the relevant requirements for pension had been fulfilled, including the competent authority’s decision to condone the deficiency in qualifying service. It said there was no lawful justification for withholding the pension and family pension.

The court also criticized the High Court for failing to properly consider relevant pension rules and the competent authority’s power to condone the service shortfall. The judgment emphasized that pension is not a concession or bounty but a vested and enforceable legal right. It said pension benefits serve as social security by protecting an employee’s livelihood and dignity after retirement.

The court held that once pension rights have accrued, they cannot be withheld or reduced through arbitrary, unreasonable, or unjustified administrative action and are entitled to constitutional protection.

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