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Taking a suo motu action against departments concerned, which don't give retirement benefits, Supreme Court on Friday issued notices to provincial advocate generals, Islamabad law officer and principal law officer, to submit their replies on November 14.
Converting the suo motu notice into a petition under Article 184(3) of Constitution, Chief Justice Anwar Zaheer Jamali also issued notices to Controller General of Accounts, Islamabad, AGPR, Islamabad, Accountant Generals, Punjab, Sindh, KP, and Balochistan as well as DGs, AGPR, Lahore, Karachi, Quetta and Peshawar, including the Military Accountant General, Rawalpindi.
The court asked them to submit reports pertaining to number of cases in which the departments of federal and provincial governments, have not prepared or completed the pension papers of their employees upon reaching the age of superannuation or otherwise.
The court said that other treasury offices should also submit details of those cases in which they have received notification of retirement of the employees but failed to release their pension and other dues in time, with explanation.
Chief Justice Jamali took suo motu action on the note of apex court judge Justice Amir Hani Muslim who pointed out issue of non-payment of pensionary benefits to retired employees despite of clear-cut directions of Supreme Court judgment in case of Muhammad Ismail Memon (PLD 2007 SC 35). Justice Amir Hani Muslim said in the note that despite Supreme Court verdict, the departments concerned were willfully avoiding compliance which caused miseries of retired employees of federal and provincial governments.
Justice Amir Hani Muslim added that a large number of complaints were received in Human Right Cell of Supreme Court against different departments of federal and provincial governments besides Accountant General Pakistan Revenues and provincial Accountant Generals.
While taking action, Chief Justice Jamali said that complaints have revealed about different wings of the AGPR or the Accountant Generals' offices that were denying pension benefits to their employees or their widows by making frivolous objections. The Chief Justice Jamali added, "Likewise, the relevant parent departments of the employees are equally negligent in issuing notification of retirement in time and submitting relevant pension papers to the competent forum, thereby causing undue delay".
He categorically said that the right to pension is a fundamental right of an employee guaranteed under Article 9 and 14 of the Constitution, adding the denial of the right of the employees, by the relevant parent departments, passing the buck on other department needs to be examined by this Court on judicial side.

Copyright Business Recorder, 2016

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