PESHAWAR: The Peshawar High Court (PHC) has declared that all the retired Class-IV employees, including those who have died during service or later, were also entitled for pension even if their service as regular employees was less than 10 years.
A larger bench comprising Justice Roohul Amin Khan, Justice Qalandar Ali Khan and Justice Syed Muhammad Attique Shah directed various government departments to issue pension to the Class-IV employees who had been appointed in 1988-89 on contract or fixed pay and their service was regularised in 2008.
The larger bench allowed the writ petitions and directed various departments of the provincial government to issue pension to all the retired employees even to the relatives of those who have died.
The PHC chief justice had constituted the larger bench on this legal point as there were conflicting judgments of the high court on the issue.
One bench had allowed such petitions and directed the government to pay the petitioners pension and another bench had dismissed such petitions with observations that they were not entitled for the pension.
The larger bench ruled that the services of these employees come under the West Pakistan Civil Servant Pension Rules and thus they are entitled to the pension even if their service as regular employee was less than 10 years.
The bench issued the decision in writ petitions by Abdul Hakeem, Rizwan and 60 others filed through their lawyers including Khushdil Khan, Khalid Rehman, Asif Yousafzai and Shah Faisal Ilyas.
The lawyers submitted that the provincial government had appointed the petitioners and other Class-IV employees in various departments in 1988-89 on fixed pay. They said that later the provincial government regularised these employees in 2008.
They argued that later some employees retired and others died during service. They said that when the retired employees and legal heirs of the deceased employees applied for the pension, the officials concerned refused to pay pension to them and said they were not entitled to the pension as their services as regular employees were less than 10 years.
However, the law officer representing the provincial government defended the stance of the government and said that they were not entitled to the pension because their service as regular employee was less than 10 years.
The bench, after detailed arguments from both parties, allowed the writ petitions and directed various departments of the provincial government to pay and start pensions to the petitioners and for legal heirs of those employees who have died.
