Islamabad -  Chief Justice Anwar Zaheer Jamali yesterday took suo moto notice of non-payment of benefits to the retired employees of the federal and provincial governments.

Notice have been issued to the Attorney General for Pakistan and advocate generals of all provinces and fixed the case for hearing on November 14.

The CJP also issued notices to Controller General of Accounts, Islamabad, the AGPR, Islamabad, Accountant Generals, Punjab, Sindh, KP, and Balochistan as well as the DGs, AGPR, Lahore, Karachi, Quetta and Peshawar, including the military accountant general, Rawalpindi.

They have been directed to submit reports as to the number of cases in which the departments of the federal and provincial governments have not prepared or completed the pension papers of the employees on attaining the age of superannuation or otherwise.

The chief justice took the suo moto on the note of Justice Amir Hani Muslim, a judge of Supreme Court, which highlighted the issue of non-payment of benefits to retired employees despite the clear cut directions of Supreme Court judgment in case of Muhammad Ismail Memon (PLD 2007 SC 35).

The note further said in spite of the SC judgment the departments are wilfully avoiding compliance that multiplies miseries of retired employees of the federal and the provincial governments.

Justice Muslim had mentioned the details of large number complaints received in the Human Rights Cell of the Supreme Court of Pakistan against different departments of the federal and provincial governments besides the Accountant General of Pakistan (Revenues) and the accountant generals of the provinces.

The employees have complained of non-payment of their pensionary dues.

The chief justice noted the complaints reveal that the different wings of the AGPR or the accountant generals’ offices are denying pensionary benefits to the employees or their widows by making frivolous objections.

Likewise, the relevant parent departments of the employees are equally negligent in issuing notification of retirement in time and submitting relevant pension papers to the competent forum, thereby causing undue delay.

The right to pension is a fundamental right of an employee guaranteed under articles 9 and 14 of the Constitution.

Therefore, denial of the right of the employees, by the relevant parent departments, passing the buck on the other department needs to be examined by this court on judicial side.

Taking notice of the issue, the chief justice directed the office to treat this note as petition under Article 184(3) of the Constitution and fix in court on November 14.

The other treasury offices shall also submit details of those cases in which they have received notification of retirement of the employees but failed to release their pension and other dues in time, with explanation.