The Islamabad High Court (IHC) has issued a firm directive to the Ministry of Finance, compelling it to release the long-overdue pension to former Auditor General of Pakistan, Akhtar Buland Rana. The order came during a hearing on a contempt of court petition filed by Rana, who has been denied his pension despite a prior court ruling.
Court's Stern Warning to Finance Officials
Justice Mohsin Akhtar Kayani presided over the case, where Advocate Taimur Aslam represented the petitioner. The court explicitly instructed the ministry to prepare the pension sheet and present clear details on the payable amount and a definitive payment timeline. The hearing has been adjourned until December 12, by which time the ministry must show compliance.
During the proceedings, a Joint Secretary from the Finance Division attempted to distance the ministry from direct responsibility, stating they only issue policy guidelines to relevant departments. Justice Kayani swiftly countered this argument, emphasizing that this was a straightforward matter of a retired government employee's pension rights. "When a person retires from any department, the pension has to be issued by his/her respective department," the court asserted.
Contempt Power and Personal Accountability
Justice Kayani delivered a pointed warning, stating he was reluctant to issue arrest warrants for the Accountant General and Auditor General. "I do not want to use the power of contempt of court so that any loss occurs to the public servant," he remarked. However, he made it clear that the court would not hesitate to summon both officials in their personal capacity to ensure they understand the gravity of the court's order.
The judge underscored the binding nature of judicial orders, stating, "If there is an order, whether you agree with it or not, it has to be implemented." He noted that the order in question had neither been suspended nor annulled by any higher court. He advised the ministry to either seek a suspension from a division bench or the Federal Constitutional Court or, simply, to obey the existing directive.
Pension Rights Protected Despite Past Issues
In a significant clarification, the court observed that even if an officer is removed for misconduct during a re-appointment after retirement, their entitlement to the pension accrued from their previous service remains unaffected. This principle reinforces the protection of pension benefits for civil servants.
The court's final instruction was unequivocal: the Ministry of Finance must ensure the payment of all dues to the retired civil servant. This case highlights the ongoing challenges in pension disbursement and the judiciary's role in upholding the financial rights of retired government officials.
