Law:

Section:

University of Karachi Service Pension Statute, 1972--- ----S. 26--- Employee of University of Karachi--- Entitlement of employee's widow to receive family pension---Minimum qualifying service---Claim of employee's widow for grant of family pension was denied for the reason that her husband had not put in the minimum qualifying service of ten years as envisaged under S. 26 of the University of Karachi Service Pension Statute, 1972---Legality---Right to claim pension was a right connected with the tenure of service which under the applicable pension rules had to be served by an employee in order to make him eligible for pension---Where a deceased employee had put in pensionable service, only then his family became entitled to pension---In order to claim pension, a minimum qualifying service was the threshold that had to be first crossed which would then entitle an employee or his family after his death to claim pension---Principle of completing minimum qualifying service was ingrained in every law that granted pension to the employees or after their death to their families---Said principle was based on 'quid pro quo', which mandated that an employee must put in minimum qualifying years of service before he became entitled to claim pensionary benefits---In the present case, admittedly the late husband of the appellant (widow) had put in only about five years of service, well short of rendering qualifying length of service to entitle her to family pension or any concession granted towards the quantum of pension---Appeal was dismissed accordingly. THIS JUDGMENT DELIVERED BY: FAISAL ARAB, J.--- When appellant's late husband died in a fatal car accident on 11.01.2012 he was working as an Assistant Controller in BPS-18 in the examination department of the University of Karachi. By then he had served the university only for about five years so his tenure in office was well short of the minimum qualifying service which would have made her widow eligible to claim family pension under the University of Karachi Service Pension Statute, 1972. To seek family pension, the appellant sought recourse to the Prime Minister's Family Assistance Package notification No.7/40/2005-E-2…

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