ISLAMABAD: The Supreme Court on Friday reaffirmed that pension is a constitutional right of employees, earned through long and faithful service, and not a discretionary benefit granted by the employer.
Read More: Pension not charity but a constitutional right, says SC judge
Justice Muhammad Shafi Siddiqui, part of a three-judge bench alongside Justices Naeem Akhter Afghan and Miangul Hassan Aurangzeb, issued the six-page judgement while hearing an appeal by former civil servant Muhammad Usman. The bench set aside a Federal Service Tribunal (FST) ruling that had denied Usman his pension.
SC rules pension is a constitutional right, not a concession; Federal Service Tribunal’s rejection declared null & void. #SupremeCourt #PensionRights #PakistanLaw
Read more: https://t.co/qYq4wBGq7c pic.twitter.com/Xr6OkaUWPw— Fourth Pillar Post (@Post4th) January 16, 2026
Usman, a former senior auditor (BS-11) in the Military Accountant General’s office, had applied for pension benefits 13 years after resigning in September 2007. The department initially rejected his claim on the grounds that he had tendered resignation and had not completed the then-required 25 years of service. However, the Supreme Court noted that the Civil Servants Act had been amended in 2001, reducing the qualifying period from 25 to 20 years, which Usman had fulfilled.
The Additional Attorney General had opposed the grant of benefits, citing the delay in application and Regulation 418 of the Civil Service Regulations, which the department argued disqualified employees who resigned voluntarily. The Supreme Court rejected this interpretation, noting that a belated application alone does not constitute a valid reason for denial, and that the regulation cannot override the employee’s earned rights.
In its ruling, the apex court converted the petition into an appeal, declaring Usman entitled to pension benefits according to law. Justice Siddiqui emphasised that pensions are earned entitlements arising from “long, continuous, faithful and unblemished service” and not acts of generosity by the employer.
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The judgement sets a precedent clarifying the legal entitlement of civil servants to pensions, even when claims are submitted after extended delays, provided the qualifying service period has been met.