Law: Succession Act, 1925

Section: 372

Law: Federal Employees Benevolent Fund and Group Insurance Act, 1969

Section: 2(5)

Law: Accommodation Allocation Rules, 2002

Section: R.2(f)

(a) Succession Act (XXXIX of 1925)--- ----S.372---Benevolent fund and group insurance of the deceased employee---Succession certificate, issuance of---Only such benefits were inheritable which became receivable by the deceased during his lifetime i.e. payable to the employee before his death---Service benefits given to an employee as grant/compensation in lieu of death and made payable to a nominee or family were not heritable and could not be treated as Tarka-estate of the deceased---Benevolent fund and group insurance could not be treated as heritable being specie of grant/compensation accrued after death of an employee. (b) Succession Act (XXXIX of 1925)--- ----S. 372---Accommodation Allocation Rules, 2002, R.2(f)---House rent allowance of the deceased employee---Succession certificate, issuance of---House rent allowance was not heritable as Tarka---Payment of house rent allowance was in the nature of compensation intended to provide assistance and shelter to the widow and minor children of the deceased employee---Petitioners (legal heirs of the deceased) were not entitled to claim house rent allowance as Tarka, in circumstances---Department had rightly denied the claim of house rent allowance to the petitioners---Constitutional petition was dismissed, in circumstances. Mst. Ameeran Khatoon v. Mst. Shamim Akhtar and others 2005 SCMR 512; Mirza Muhammad Amin and others v. Government of Pakistan PLD 1982 FSC 143; Muhammad Mumtaz v. Mst. Umra Bevi 1999 CLC 806 and Mst. Riffat Yasmeen v. Hassan Din and another 2014 CLC 126 ref. Federal Government of Pakistan v. Public-at-Large PLD 1991 SC 731; Muhammad Tariq Badar and another v. National Bank of Pakistan and others 2013 SCMR 314; Khan Gul Khan and others v. Daraz Khan 2010 SCMR 539; In re: Succession of the Assets Securities, Properties and Accounts of late Javed Iqbal Ghaznavi PLD 2010 Kar. 153; Zaheer Abbas v. Pir Asif and 6 others 2011 CLC 1528 \and Liaquat Ali v. Mst. Huma Faiz and another PLD 2018 Sindh 251 rel. THIS JUDGMENT DELIVERED BY: ASIM HAFEEZ, J.--- Through this petition, the petitioners - being the legal heirs of deceased Wali Khan - has impugned the orders / letters dated 24.12.2010, 09.05.2011…

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