Law:

Section:

West Pakistan Civil Servants Pension Rules, 1963--- ----Rs. 4.7 & 4.10---Pension-cum-Gratuity Scheme, 1954---Specific Relief Act (I of 1877), S. 42----Suit for declaration---Gratuity---Family pension---Right of inheritance in shahada fund, gratuity and pension---Scope---"Family"---Definition---Plaintiffs filed suit for declaration claiming that they, along with defendants, all being legal heirs of deceased, who had embraced martyrdom, were entitled to their shares in amounts on account of shahada package, gratuity and pension---Both trial court and appellate court dismissed the suit on ground that only widow and children were entitled to share in disputed amount---Contention raised by plaintiffs was that as Guardian Court had issued succession certificate in favour of said persons regarding amount left by deceased, which was lying with Bank, so they were also entitled to share disputed amount---Respondents took plea that under Rr.4.7 & 4.10 of West Pakistan Civil Servants Pension Rules, 1963, only wife and children of deceased civil servant were entitled to pension and gratuity, and that disputed amount on account of shahada package was in shape of grant which had been awarded after death of deceased and the same, therefore, could not be treated as inheritable by all legal heirs of deceased, except widow and children of deceased--- Validity---Shahada package was service benefit and was not due to deceased during his life, and the same was in nature of grant payable after his death---Shahada package, therefore, could not be treated inheritable by all legal heirs, except widow and children, who were nearer beneficiaries and remained dependent mainly on deceased---Widow and children of deceased deserved to receive benefit of shahada package to exclusion of other legal heirs, including plaintiffs---Amount on account of shahada package , gratuity and pension were not legacy of deceased employee as he was not owner of the same during his life, and only widow and children were entitled to the same---Under Pension-cum-Gratuity Scheme, 1954, word 'family' had been defined as consisting of husband, widow and children, who were entitled to gratuity and pension in…

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