Federal Constitutional Court rejects extra perks for former bureaucrats

Justice Aamer Farooq, who headed a two-judge bench, observed that the Balochistan government’s notification was over and above the pensionary benefits already granted to chief secretaries. The judgement explained that the Rules of Business do not empower the provincial government to issue such directions through a notification, particularly when there is no legal backing. The FCC ruling came on an appeal filed by Balochistan’s chief secretary against the May 29, 2023, judgement of the Balochistan High Court (BHC), which had also struck down Notification No.13-25(5)/2019/SO-1(S&GAD) pertaining to the extension of lifetime facilities to retired chief secretaries of Balochistan and their widows. The controversy arose from the notification, which was challenged before the BHC by Bayazid Khan Kharooti. The high court accepted the petition and observed that such benefits could not be granted without legal backing in the form of law, rules, or regulations. It further held that entitlement to perks for retired civil servants must be clearly outlined in legislation or policy and cannot be created through a mere executive notification. While deciding the appeal, Justice Aamer Farooq observed that the reasoning of the high court did not suffer from any legal or jurisdictional defect warranting FCC interference; therefore, leave to appeal was refused. “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,” Justice Farooq observed, adding that this principle constitutes a fundamental affirmation of the constitutionality of the system of governance. Justice Faroo