Law: University of Karachi Act, (XXVI of 1972)

Section: 26

University of Karachi Act (XXVI of 1972)-- ----S. 26--Death during service--Family pension--Non-completion of minimum period of qulaifying service--Rending of qualifying service Right to claim pension--Application for grant of family pension--Rejected--Petition before High Court against rejection of application--Dismissed--Challenge to--Rending of qualifying service--Right to claim pension is a right connected with tenure of service which under applicable pension rules has to be served by an employee in order to make him eligible for pension--Where a deceased employee has put in pensionable service, only then his family becomes entitled to pension--Therefore, rendering of qualifying service is a prerequisite for claiming pension--Unless an employee of university renders minimum qualifying service his family upon his death cannot become entitled to claim family pension or any other privilege that is attached with pensionary rights--Family assistance package, in so far as it relates to pension, has only enhanced quantum of family pension that is payable under law of pension--It cannot be read to convert a non-pensionable service into a pensionable service--University's family assistance package, in so far as it relates to enhanced pensionary benefits, was payable to family of such deceased employee who had rendered minimum qualifying service in his lifetime under provisions of University of Karachi Service Pension Statute, 1972--This appeal, therefore, fails, which is hereby dismissed--Appeal was dismissed. THIS JUDGMENT DELIVERED BY: FAISAL ARAB, JUSTICE- 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 dated 13.6.2006 which inter alia…

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