Pakistan Court: Pension Rights Under Service Tribunal

 

Civil Servant Pension: Court vs. Tribunal Jurisdiction (Pakistan)

Clause 1(a) of Article 212 of the Constitution provides that administrative courts or tribunals have exclusive jurisdiction when matters are relating to terms and conditions of persons who are or have been in service. The Constitution makers have chosen to oust the jurisdiction of all the courts but the tribunal with respect to all the matters relating to terms and conditions of servants who are or have been is service. The question involved in the constitutional petition pertains to pension which clearly relates to those terms and conditions subject to which the appellant joined the service and then he served the respective department. Section 2(b) read with sections 3 and 4 of Tribunal Act further clarifies this position that the jurisdiction of Punjab Service Tribunal extends when the matter is in respect of any of the terms and conditions of service of a person, who is or has been a member of civil service of the Province or holds or has held a civil post. There is no ambiguity in sub-section (b) of section 2 of the Tribunal Act that ‘civil servants’ for the given purposes include those who holds as well as the persons who have held the post in connection with affairs of the Province. The intention of legislature, to cover the person who held such post subject to condition that the question emanates out rights or obligations that relates to the terms and conditions, is very clear from the plain reading of wording of section 2(b) of the Tribunal Act.

Articles 212 (1) and 212 (2) of the Constitution are non-obstante clauses, which starts with ‘notwithstanding anything hereinbefore contained’ having prevailing effect over articles contained before the said article. Article 212(2) commands that no other court shall grant injunction, make any order or entertain any proceedings in respect of the matter if falls within the jurisdiction of such Administrative Court or Tribunal.

The Civil Servant Act Chapter II deals with the terms and conditions of ‘civil servant’. Chapter II of the Civil Servant Act starts with section 3 which provides that “the terms and conditions of service of a civil servant shall be as provided in this Act and rules”. The appellant’s claim arises out of pension rights, which are provided in section 18 that falls in same Chapter (i.e. Chapter-II). The legislature, by including pension in the Chapter where the terms and conditions are provided and categorizing pension as one of terms of service of a civil servant, has left no uncertainty that though pension starts with the retirement but forms part of those terms and conditions to which the civil servant has joined the service. Section 22B of the Civil Servant Act, whereby restriction is imposed upon the Courts to issue orders in respect of proceedings under the Civil Servant Act or an order made thereunder, starts with save as provided by the act or Service Tribunal Act. This also leads to clear inference that the matters of terms and conditions mentioned in the Civil Servant Act are intended, by the legislature, to be heard by the forum provided in Service Tribunal Act. The grievances of the appellant and the matter in hand are squarely covered by the terms and conditions, thus, falls within the jurisdiction of service tribunal. This Court, therefore, does not have jurisdiction under article 199 of the Constitution.

I. C. A. No. 53 of 2021
Abdus Salam versus Assistant Commissioner, Murree & 5 others
Date of hearing 23-02-2023

Summary of the Judgement

This judgement pertains to the jurisdiction of the courts and tribunals regarding matters related to the terms and conditions of civil servants in Pakistan, specifically the case of pension rights.

Key Points:

• Article 212(1) of the Constitution: Grants exclusive jurisdiction to administrative tribunals for matters concerning terms and conditions of service for civil servants.

• Punjab Service Tribunal Act: Defines the tribunal's jurisdiction over terms and conditions of service for current and former civil servants of the Punjab province.

• Civil Servant Act: Chapter II categorizes pension as one of the terms and conditions of service.

• Section 22B of the Civil Servant Act: Restricts courts from issuing orders on matters covered by the Service Tribunal Act.

Conclusion:

The court ruled that it lacked jurisdiction (power to hear the case) under Article 199 of the Constitution due to the exclusive jurisdiction of the Punjab Service Tribunal in matters related to pension rights, which fall under the terms and conditions of service for civil servants.

Case Details:

• Case Name: I.C.A. No. 53 of 2021

• Petitioner: Abdus Salam

• Respondents: Assistant Commissioner, Murree & 5 others

• Date of Hearing: 23-02-2023