Islamabad:Federal Constitutional Court (FCC) has said order to pay pension to the person who does not fulfill legal requirements of pension cannot be given.
FCC while approving appeal of EOBI has issued written order.
Chief Justice (CJ) FCC Amin ud Din Khan issued 12-page written order of 3-member bench.
Umar Ejaz Gillani appeared on behalf of petitioner.
According to written order decision of Islamabad High Court (IHC) ,orders of Wafaqi Mohtasib and president of Pakistan are declared null and void. Wafaqi Mohtasib cannot ignore specific legal procedure for settling the matter of eligibility of pension. Order cannot be given to grant pension to the person who does not fulfill the legal requirements of pension.
It was said in the order the power of jurisdiction of Mohtasib cannot be enhanced by giving name of merely mismanagement to dispute of legal right. Rejection of pension application is not in itself maladministration. The elements of discrimination, arbitrariness, negligence or unjust delay are must for maladministration. If damage is caused to petitioner due to fulfillment of essential requirements of law, it does not become maladministration.
As per written order at least 15 years participation is required generally for pension under EOBI law.
Special concession of 5 years does not apply to employees who are insured on or after July 01, 2008. The insured service of Javed Iqbal Bhatti was less than 6 years. Therefore, he was not given right of pension. Old age grant of Rs 48000 which was given earlier does not create right to pension.
The court maintained the essential condition of legal eligibility cannot be abolished on the basis of general concept of sympathy or justice. Determination of eligibility for benefits, amount and period will be made under section 33 of EOBI law. The procedure for filing appeal or review petition against the decision is laid down in EOBI law. The order which is issued without jurisdiction powers cannot attain legal status through endorsement by president or court. Recording the reasons for decision is not mere formality . Making legal base clear is essential.