Federal Ombudsman cannot order pension by ignoring legal conditions, rules Constitutional Court

ISLAMABAD (Atemad Desk): The Constitutional Court has ruled that the Federal Ombudsman cannot order a pension by ignoring legal conditions, and that the rejection of a pension request is not maladministration in itself.

The 12-page order was written by Chief Justice Aminuddin Khan. It said the ombudsman cannot widen the scope of his powers by declaring a dispute over a person’s legal eligibility to be maladministration.

The court wrote that the right to a pension generally arises from 15 years of contribution, but petitioner Javed Iqbal Bhatti remained an insured employee for less than six years. His insured employment had begun on 1 July 2008, so he was not eligible for the special five-year relaxation either.

The order made clear that the old-age grant of Rs48,000 paid earlier does not create a right to a pension. It said disputes over eligibility for benefits will be decided under the procedure laid down in the EOBI law, and that an order issued without jurisdiction cannot gain legal status through later endorsement.