Summary Federal Constitutional Court ruled that the ombudsman cannot bypass legal pension requirements, restoring EOBI’s position in a dispute over pension eligibility.
ISLAMABAD (Dunya News) – The Federal Constitutional Court has ruled that the Federal Ombudsman cannot order payment of a pension to any person by ignoring the legal requirements for pension eligibility.
The court accepted the Employees’ Old-Age Benefits Institution (EOBI) appeal and annulled the Islamabad High Court’s decision as well as orders issued by the Federal Ombudsman and the President of Pakistan.
In a 12-page order authored by Chief Justice Aminuddin Khan, the court said rejection of a pension claim does not, in itself, constitute maladministration. It said a dispute over legal eligibility cannot be termed maladministration merely to expand the ombudsman’s jurisdiction.
According to the court, a minimum of 15 years of contributions is generally required for a pension. However, applicant Javed Iqbal Bhatti had less than six years of insured employment and was not eligible for the five-year special concession as he had become insured from July 1, 2008.
The court clarified that the previously paid old-age grant of Rs48,000 did not create an entitlement to pension. It said disputes over eligibility for benefits would be decided under the procedure prescribed by the EOBI law.
The court further ruled that an order issued without jurisdiction cannot acquire legal validity through subsequent ratification.
