Law:

Section:

West Pakistan Civil Services Pension Rules, 1963-- ----Rr. 4.6 to 4.10---'Family' of deceased civil servant, who was issueless and his wife had produced him--- Scope--- Group insurance/ gratuity/pension, right to---Scope----Respondents took plea that the word 'family' mentioned in Rr.4.6 & 4.7 of West Pakistan Civil Services Pension Rules, 1963 although included daughter-in-law and sister of the deceased government servant, but the same did not include his nephews and nieces---Validity---Group insurance was not part of inheritance and the same was payable to the nominee mentioned therein---Petitioner was entitled to the amount of group insurance, as he had been mentioned as nominee in the Nomination Form of State Life Insurance Corporation---Petitioner and his siblings fell within the purview of heirship of the deceased, as the deceased was issueless and his wife had pre-deceased him---Rule 4.8 of the Rules provided that when a government servant left no family, then the gratuity amount could either be given to a person who had been validly nominated and/or, if that was not the case, then to the relatives including brothers below the age of 21 years, unmarried and widowed sisters, father and mother of the deceased---Said rule was applicable mutatis mutandis in case of family pension---No one, except the present petitioner, had come forward for claiming the post death service dues of the deceased during all years since his death---Authorities under impugned letter had only disallowed the group insurance claim of the petitioner, and his claim relating to financial assistance had not been mentioned therein---Amount payable under the head of financial assistance/financial benefits did not form part of heritable estate of the deceased family, who were entitled to the same as per the rules and regulations of service---Authorities having neither disputed that petitioner was a valid nominee of the deceased nor had they agitated any other express prohibition under the rules, hence, the amount payable under financial assistance and other service dues would be payable to the petitioner---High Court directed the authorities to pay the amount of group insurance and…

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