May 19, 2006	Friday	Rabi-us-Sani 20, 1427

KARACHI, May 18: Pension cases of government servants shall be finalized well in advance of their retirement date, the Supreme Court directed the accountant-general, Pakistan Revenue, and the provincial chief secretaries and directors-general on Thursday.

If there is any delay in the finalization of pension cases of government servants or payment of dues to them or to their widows or orphaned children and the matter is brought to the notice of the court, the head of the department concerned shall also be held liable for contempt of court, an SC bench, comprising Chief Justice Iftikhar Mohammad Chaudhry and Justices Abdul Hamid Dogar and Saiyed Saeed Ashhad observed in its order on the late Prof Ghazi Khan Jakhrani’s case.

The 70-year-old Jamia Millia professor and his 65-year-old wife reportedly died of starvation in 2003 because of the inordinate delay in payment of pension and other dues. He was said to have developed cancer, but was unable to get himself treated for want of financial resources. Their decomposed bodies were found in a deserted house 15 days after their death. An inquiry was ordered by the Sindh government, but it could not be completed till the court itself instituted a probe by the Malir district and sessions judge in April 2006. The judge submitted his report on May 16.

The bench deplored that the government servants die in a miserable conditions due to delay in payment of pension and pensionary benefits after serving for a considerable period, during which they give their blood and sweat to the department they work in. Such lethargy and inaction are repugnant to Article 9 and 14 of the Constitution, which guarantees inviolability of human dignity and security of person. It also amounts to criminal negligence and dereliction of duty. The bench said Prof Jakhrani’s was not an isolated case and government servants and their heirs face hurdles and difficulties in recovering their dues. It gave the officials concerned two weeks to ensure compliance with its order.

Prof Jakhrani’s dues shall be calculated and paid to his legal heirs within six weeks. If there is no legal heir, the Sindh chief secretary would deal with the unclaimed amount in accordance with the law. The chief secretary was also asked to comply with the observations made in the inquiry report submitted by the district and sessions judge, Malir, and finalize proceedings against the officials responsible within six weeks and report compliance to the Supreme Court. Advocate Haji M. Ismail Memon, who made an appreciable effort in agitating the case, would also be intimated of the action taken. The bench was earlier informed that Principal MSK Lodhi of the Jamia Millia Government Degree College, who had been held mainly responsible for delay in payment of ProfJakhrani’s dues, had been suspended and was being proceeded against the Removal from Service (Special Powers) Ordinance.

Reproducing the relevant provisions of the West Pakistan Civil Servants Pension Rules, the bench said every government servant is to receive his pension on the date it becomes due. The responsibility for initiation and completion of pension papers is that of the head of department or office concerned. Proceedings should be initiated one year before the government servant is due to retire so that pension may be sanctioned a month before the retirement is due.

According to the inquiry report, Prof Jakhrani’s pension case was delayed because the inclusion of non-gazetted period of his service could not be taken up with the authorities well in time. The principal failed to complete his pension documents and send his provident fund papers to the competent authority in time. The professor was partially to blame for the delay as he collected pension/GP fund papers from the Sindh accountant-general’s office in June 2003 but did not submit them to the education department for removal of objections by the AG’s office. The inquiry named a number of AG’s office and education department functionaries responsible for the delay.

The court was informed by Sindh Accountant-General Zulfikar Ali Kadri that no pension case was pending in his office and a number of measures had been taken for expeditious disposal of pension/GP fund disposal cases.