Qazi KHALID ALI vs FEDERATION OF PAKISTAN through Secretary Ministry of Law and Justice arts

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Qazi KHALID ALI VS FEDERATION OF PAKISTAN through Secretary Ministry of Law and Justice arts. 199, 205 & Fifth Sched., Paras. 2 & 3---Civil service---Pension---Object, purpose, scope and entitlement---Contractual service---Petitioner, after completing his contractual appointment as Chairman Federal Service Tribunal for three years, claimed his entitlement of pension equivalent to retired judge of High Court---Contention of petitioner was that he had served on different public assignments on contractual basis and the length of such services was sufficient to entitle him for pensionary benefits---Validity---Paragraphs 2 & 3 of Fifth Schedule to art. 205 of the Constitution either read separately / conjunctively or disjunctively, do not alter/change in any manner the requirement of minimum five years length of actual service for every judge of High Court as one of the basic condition to earn right to pension---Right to pension is neither absolute nor unqualified--Pension is not a bounty for the State/employer to servant/employee---Such right is tailored on the premise and resolution that employee serves his employer in the days of his ability and capacity and during the former's debility, the latter compensates him for the services so rendered---Right to pension has to be earned and for the attainment of which condition of length of service is the most relevant and purposive---Contractual offices held by petitioner, even if considered aggregately (which could not have been done under a law) or separately, utterly independent of office of the Chairman Federal Service Tribunal, did not make him entitled to the right to pension under any law---Office of the Chairman Federal Service Tribunal was term-based and contractual in nature, plus it did not confer any right to pension upon petitioner---Case of retired judges of Federal Shariat Court et al had no imaginable parallel with the case of the petitioner to bring him at par with them---all judges of Federal Shariat Court were permanent judges of respective High Courts and had received pensions in that capacity---Petitioner never served against any permanent or regular job, not to mention his lack of qualification i.e. not completing minimum qualifying service of 5 years to claim pension---High Court declined to interfere in the matter as such position was unassailable in law---Constitutional petition was dismissed, in circumstances.

Qazi KHALID ALI vs FEDERATION OF PAKISTAN through Secretary Ministry of Law and Justice arts — 2024 PLC(CS) 178 KARACHI-HIGH-COURT-SINDH

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