Federal Constitutional Court rejects extra perks for former bureaucrats

“• Balochistan govt’s plea relates to grant of lifetime facilities for retired officers • Court emphasises all govt actions must be rooted in legal authority ISLAMABAD: The Federal Constitutional Court (FCC) has rejected a plea by the Balochistan government seeking to grant lifetime facilities to retired chief secretaries and their widows. Justice Aamer Farooq, who headed a two-judge bench, observed that the Balochistan government’s notification was over and above the pensionary benefits already granted to chief secretaries. The judgement explained that the Rules of Business do not empower the provincial government to issue such directions through a notification, particularly when there is no legal backing. The FCC ruling came on an appeal filed by Balochistan’s chief secretary against the May 29, 2023, judgement of the Balochistan High Court (BHC), which had also struck down Notification No.13-25(5)/2019/SO-1(S&GAD) pertaining to the extension of lifetime facilities to retired chief secretaries of Balochistan and their widows. The controversy arose from the notification, which was challenged before the BHC by Bayazid Khan Kharooti. The high court accepted the petition and observed that such benefits could not be granted without legal backing in the form of law, rules, or regulations. It further held that entitlement to perks for retired civil servants must be clearly outlined in legislation or policy and cannot be created through a mere executive notification. While deciding the appeal, Justice Aamer Farooq observed that the reasoning of the high court did not suffer from any legal or jurisdictional defect warranting FCC interference; therefore, leave to appeal was refused. “Any action, of whatever nature, must be firmly rooted in law and must be traceable to a legal source from which it derives its authority,” Justice Farooq observed, adding that this principle constitutes a fundamental affirmation of the constitutionality of the system of governance. Justice Farooq further observed that a careful review of the Balochistan Rules of Business, 2012 does not support the extension of perks and privileges to the chief secretary. On the contrary, Rule 3(4) delineates the structure and composition of the government of Balochistan by distributing its business among various departments, as specified in Schedule-I (Section B). The rule makes it clear that each department may exercise only those functions that are expressly assigned to it, the judgement said. In this context, Schedule-I (Section B) specifically entrusts the Finance Department with the authority to frame civil service rules relating to pension, leave, pay revision, and their interpretation for all government servants. This allocation indicates that matters concerning pensionary benefits, including those of the chief secretary, fall within the exclusive domain of the Finance Department, rather than the chief secretary or even the chief minister. The court noted that the notification under challenge was issued by the Services and General Administration Department with the approval of the chief minister as the competent authority. However, such authority is neither contemplated nor supported by the Rules of Business; therefore, the action appears to have been taken without proper legal basis, the judgement observed. Consequently, the notification, having been issued without the requisite competence, was rightly struck down by the high court, Justice Farooq held. The judgement also referred to the Balochistan Civil Servants Act, 1974, which provides that “on retirement from service, a civil servant shall be entitled to receive such pension or gratuity as may be prescribed.” This provision makes it clear that civil servants of the Balochistan government, including the chief secretary, are entitled only to such pension or gratuity as is prescribed by law. The judgement emphasised that pension is structured within legal bounds and cannot exceed what is permitted under the law. The prescribed pension is further governed by the Balochistan Civil Servants Pension Rules, 1989, which lay down the framework for pension-related matters. The perks and privileges granted to the chief secretary find no mention in these rules and, therefore, have no legal basis, the judgement emphasised. Published in Dawn, May 3rd, 2026

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