ISLAMABAD: The Federal Constitutional Court (FCC) has declared a notification granting lifetime additional benefits to former chief secretaries of Balochistan null and void.
A two-member FCC bench comprising Justice Aamer Farooq and Justice Rozi Khan Barrech issued the judgment in an appeal filed by the Balochistan chief secretary against an order passed by the Balochistan High Court on May 29, 2023. The court heard the case on March 5, 2026.
The court dismissed the Balochistan chief secretary’s appeal and declared illegal the notification issued with the approval of provincial chief minister for additional benefits.
“The notification(s) issued by the petitioners, granting extraordinary facilities to the retired chief secretaries of the Government of Balochistan, are over and above the pensionary benefits granted to them,” said the four-page judgment, authored by Justice Aamer Farooq.
The court held that the Rules of Business do not empower the government of Balochistan to issue such directions by way of notification, especially when there is no backing of law.
“The reasoning of the learned high court does not suffer from any legal or jurisdictional defect warranting our interference,” says the judgment.
The court noted that in the impugned notification, the petitioners sought to grant facilities to the retired chief secretaries of Balochistan and their widows for life time.
The court held that any action, of whatever nature, must be firmly rooted in law and must be traceable to a legal source from which it derives its authority. The court ruled that this principle constitutes the fundamental affirmation of the constitutionality of our system of governance.
The court observed that the referred incumbents have remained civil servants, whose terms and conditions of service are governed under civil servant laws. The court noted that the pension, being one of the post-retirement benefits, are also governed under the same and their pensionary benefits are worked out accordingly.
“There is no provision in the law to grant lifetime additional benefits to retired chief secretaries and their widows,” said the judgment adding that upon retirement, pension and other benefits can only be provided in accordance with existing laws.
The court held that according to the law, the authority to formulate rules regarding salaries, pensions and benefits lies with the Finance Department. The finance minister or chief secretary do not have the authority to decide on benefits and pensions, says the judgment.
The court noted that in the present case, the Balochistan chief minister approved additional benefits, which is illegal. The court held that the Constitution permits only those actions that are not restricted by law.
