FCC bins Balochistan plea seeking lifetime perks for retired Chief Secretaries

ISLAMABAD: The Federal Constitutional Court on Saturday dismissed a plea by the Balochistan government seeking lifetime facilities for retired chief secretaries and their widows, ruling that such benefits lacked legal basis.

A two-judge bench headed by Aamer Farooq upheld an earlier verdict of the Balochistan High Court, which had struck down the 2019 notification granting extended perks, terming it beyond the scope of existing pensionary entitlements.

The court observed that the Rules of Business do not empower the provincial government to grant additional benefits through executive notifications without clear legal backing. It held that any such action must be firmly rooted in law and traceable to a legitimate source of authority.

The appeal had been filed by the provincial chief secretary against the high court’s May 29, 2023 judgment, which declared that benefits for retired civil servants must be explicitly provided through legislation, rules or formal policy, and cannot be created administratively.

Justice Farooq noted that under the Balochistan Rules of Business, 2012, matters related to pensions and service benefits fall within the domain of the finance department, not the chief secretary or the chief minister. He added that the notification had been issued by the Services and General Administration Department without proper legal competence.

The ruling also referenced the Balochistan Civil Servants Act 1974, which stipulates that civil servants are entitled only to pensions or gratuities prescribed under law. The court pointed out that the additional perks in question were not covered under the Balochistan Civil Servants Pension Rules 1989, reinforcing that they had no legal standing.

Concluding that the high court’s reasoning contained no legal or jurisdictional flaws, the bench refused leave to appeal, effectively closing the case and reaffirming that public office benefits must remain within the limits defined by law.