Pension benefits upon dismissal from public service

In 2017 I was dismissed from public service on the ground that I was employed without having form four education qualification contrary to the Government circulars that imposed form four education as the minimum education qualification for joining public service. Before dismissal I had already made pension contributions to the Public Service Pension Fund for 15 years. Some people are telling me that I cannot be paid my pension benefits because I was dismissed from employment but others are telling me that dismissal is not a bar to pension benefits. What does the law say?
II, Dar

Regulation 40(1) of the Public Service Regulations, 2003 gives a right to a lump sum pension to a public servant dismissed from employment if at the time of dismissal, the employee was qualified for the pension or gratuity under the provisions of the Pension Scheme. This means regulation 40(1) of the Public Service Regulations, 2003 should be read together with other written laws that prescribes qualifications for the grant of lump sum pension to a public employee whose employment has been terminated.

In view of section 26(1)(d)(e) of the Public Service Social Security Pension Act, 2018 and regulation 6 of the Social Security Schemes (Benefits) Regulations, 2018, which prescribes qualifications for pension benefits, it is only an employee in public service whose employment is terminated on public or due to abolition of the office who qualifies for the payment of special lump sum pension. Unfortunately, a public servant dismissed from employment for whatever other reasons is not entitled to a pension benefit. Since you were dismissed from public service for not having form four education, you will likely not be entitled to this benefit. However, you should consult both the pension fund and your lawyers for further clarifications.