EOBI pension cannot be granted to person failing mandatory legal requirements: FCCP

ISLAMABAD, Oct 08 (APP): The Federal Constitutional Court of Pakistan (FCCP) has ruled that a person who does not fulfil the mandatory legal requirements for pension cannot be directed to receive pension, while a dispute over a legal entitlement cannot be brought within the jurisdiction of the Federal Ombudsman merely by labeling it as maladministration.

The court allowed an appeal filed by the Employees’ Old-Age Benefits Institution (EOBI) and set aside the Islamabad High Court judgment as well as the orders passed by the Federal Ombudsman and the President of Pakistan.

Chief Justice Aminuddin Khan authored the 12-page written order of a three-member bench. Umar Ejaz Gilani appeared on behalf of the petitioner.

The court held that the Federal Ombudsman could not bypass the specific statutory procedure for determining eligibility for pension. Rejection of a pension claim, by itself, did not constitute maladministration. Maladministration required elements such as arbitrariness, discrimination, negligence or unjustified delay.

The written order said that causing loss to an applicant as a result of compliance with mandatory legal requirements did not amount to maladministration. A mandatory condition for legal eligibility could not be waived on the basis of compassion or general notions of justice.

The court observed that, under the EOBI law, pension generally requires at least 15 years of contributions, while the special five-year concession does not apply to insured employees covered on or after July 1, 2008.

According to the order, Javed Iqbal Bhatti had less than six years of insured employment and was therefore not entitled to pension. The Old-Age Grant of Rs48,000 already paid to him also did not create a right to pension.

The court said eligibility for benefits, their amount and duration would be determined under Section 33 of the EOBI law, which also provides a mechanism for review and appeal against decisions.

The written order further held that an order issued without jurisdiction could not acquire legal validity merely through its endorsement by the President or a court. Recording reasons for a decision was not a mere formality but was necessary to establish its legal basis.

The FCCP ruled that a dispute concerning a legal entitlement could not be brought within the Ombudsman’s jurisdiction by simply describing it as maladministration.