The Federal Constitutional Court has ruled that eligibility for an Employees’ Old-Age Benefits Institution (EOBI) pension generally requires at least 15 years of contributions, setting aside orders granting pension relief to a former bank employee.
Chief Justice Aminuddin Khan authored the 12-page judgment. Justice Aamer Farooq and Justice Ali Baqar Najafi were also part of the three-member bench.
The case concerned Javed Iqbal Bhatti, whose employment lasted five years, 10 months, and eight days. He was approved for a Rs. 48,000 old-age grant in 2015, while the federal ombudsman subsequently ordered that he receive a pension.
The court held that Bhatti did not qualify for the special five-year concession because he became insured on July 1, 2008. It also clarified that approval of an old-age grant does not create an entitlement to a pension.
The bench distinguished disputes over pension eligibility from complaints of maladministration. Rejecting a pension application does not, by itself, amount to maladministration, it said. Complaints involving arbitrary treatment, discrimination, negligence, or unjustified delays are separate matters.
Eligibility, benefit amounts, and payment periods must be determined under the EOBI law, which provides review and appeal mechanisms.
The court set aside the relevant orders of the Islamabad High Court, federal ombudsman, and president, holding that an order issued without jurisdiction cannot become lawful through subsequent presidential or judicial endorsement.
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