MUHAMMAD USMAN vs FEDERATION OF PAKISTAN THROUGH SECRETARY FINANCE, FINANCE DIVISION, ISLAMABAD — 2026 SCMR 429 SUPREME-COURT

Case information

Citation: 2026 SCMR 429 SUPREME-COURT
Court: Supreme Court of Pakistan
Year: 2026
Reporter: SCMR
Parties: MUHAMMAD USMAN vs FEDERATION OF PAKISTAN THROUGH SECRETARY FINANCE, FINANCE DIVISION, ISLAMABAD
Subject matter: Civil
Provisions referred to: Service Tribunals Act (LXX of 1973); Limitation Act

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

Judgment text as reported

MUHAMMAD USMAN VS FEDERATION OF PAKISTAN THROUGH SECRETARY FINANCE, FINANCE DIVISION, ISLAMABAD. Section 13(1) [as amended by Civil Servants (Amendment) Ordinance (XXIV of 2001)]---Civil Service Regulations, Regulation 418---Service Tribunals Act (LXX of 1973), Section 4---Pensionary benefits---Length of service---Delay in claiming pensionary benefits---Effect. Civil servant was aggrieved of denial of pensionary benefits on account of belated application. Held: Pensionary benefits become due and payable to civil servant immediately after resignation from service followed by acceptance thereof. Formal application for pension is only required for maintaining official record. Delay of any nature in claiming pensionary benefits cannot be treated as disentitlement, particularly where no third-party rights are involved. Principle of laches cannot be applied against claim of pensionary benefits as no person acquires any right over such amount. Similarly, provisions of Limitation Act, 1908 cannot be invoked to deny legitimate pensionary benefits. Where government servant resigns from one appointment to join another appointment having provision for counting previous service, period of earlier service can be taken into account subject to requirements of Regulation 418(a) of Civil Service Regulations. Supreme Court set aside judgment of Service Tribunal and orders passed by authorities who failed to appreciate spirit and purpose of Regulation 418 of Civil Service Regulations. Appeal was allowed.

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