Federal Constitutional Court bars ombudsman from granting pensions without legal eligibility

The Federal Constitutional Court has ruled that the Federal Ombudsman cannot direct the payment of a pension by overlooking the legal conditions required to qualify for the benefit.

The court accepted an appeal filed by the Employees’ Old-Age Benefits Institution (EOBI) and set aside the Islamabad High Court’s ruling, along with the orders previously issued by the Federal Ombudsman and the President of Pakistan.

In its 12-page judgment authored by Chief Justice Aminuddin Khan, the court held that rejection of a pension application does not automatically amount to maladministration. It observed that a disagreement over legal eligibility cannot be treated as maladministration simply to bring the matter within the ombudsman’s jurisdiction.

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The court noted that pension eligibility generally requires at least 15 years of contributions. In the case of applicant Javed Iqbal Bhatti, the court found that he had less than six years of insured employment and did not qualify for the five-year special concession because his insurance coverage began on July 1, 2008.

It further clarified that the Rs48,000 old-age grant already paid to Bhatti did not establish a right to receive a pension.

Under the judgment, disputes over eligibility for EOBI benefits must be addressed through the procedure set out in the relevant EOBI law.

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The court also held that an order passed without lawful jurisdiction cannot gain legal validity merely because it is subsequently ratified.

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