FCC dismisses Balochistan govt appeal, strikes down lifetime perks for former chief secretaries

The Federal Constitutional Court (FCC) has declared null and void a government notification granting lifetime additional benefits to former chief secretaries of Balochistan and their widows, dismissing the provincial government’s appeal and upholding an earlier ruling of the Balochistan High Court (BHC).

The Government of Balochistan had issued the notification extending lifetime benefits to former top bureaucrats and their families. The BHC had already declared the move unlawful, prompting the provincial government to file an appeal, which has now been rejected by the FCC.

In a four-page judgment authored by Justice Amir Farooq, the court held that any government action taken in violation of the law is inherently unjustified.

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The ruling stated that there is no legal provision allowing retired chief secretaries or their families to receive lifetime additional benefits, adding that post-retirement pensions and privileges can only be granted in accordance with existing laws.

The court observed that the authority to frame rules relating to salaries, pensions and benefits rests exclusively with the finance department, and that neither the finance minister nor the chief secretary has the power to grant such benefits independently. It further noted that the additional perks in the present case had been approved by the chief minister of Balochistan, which was found to be contrary to the Constitution and the law.

The controversy arose after a notification was challenged before the BHC by Bayazid Khan Kharooti. The high court accepted the petition, ruling that such benefits could not be granted without legal backing in law, rules or regulations. It emphasised that entitlements for retired civil servants must be clearly provided through legislation or formal policy, rather than created via executive notification.

While dismissing the appeal, Justice Farooq observed that the high court’s reasoning did not suffer from any legal or jurisdictional defect warranting FCC interference, and consequently refused leave to appeal.

“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 judgment said, terming this principle fundamental to the constitutional framework of governance.

The court noted that a review of the Balochistan Rules of Business, 2012, did not support the extension of additional perks and privileges to the chief secretary. Rule 3(4), it said, outlines the structure of the provincial government by distributing functions among departments as specified in Schedule I (Section B), making it clear that each department can only exercise powers expressly assigned to it.

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In this context, the judgment highlighted that the finance department is specifically empowered to frame civil service rules relating to pensions, leave, pay revisions, and their interpretation for all government servants. It added that matters concerning pensionary benefits, including those of the chief secretary, fall within the exclusive domain of the finance department, not the chief secretary or the chief minister.

The court also observed that the impugned notification had been issued by the Services and General Administration Department with the approval of the chief minister, an authority neither contemplated nor supported by the Rules of Business.

“Consequently, the notification, having been issued without the requisite competence, was appropriately struck down by the high court,” the judgment stated.

Referring to the Balochistan Civil Servants Act, 1974, the court noted that civil servants, upon retirement, are entitled only to pensions or gratuities as prescribed by law, a provision that applies to all officials, including the chief secretary. It stressed that pension structures are governed by law and cannot exceed prescribed limits.

The judgment further pointed out that the Balochistan Civil Servants Pension Rules, 1989, govern retirement benefits, and that the additional perks granted under the notification find no mention in these rules, and therefore have no legal basis.