Law: Constitution of Pakistan, 1973

Section: 199

Law: Punjab Civil Services Pension Rules, 1963

Section: R.1,9,10(2A)11

Constitution of Pakistan, 1973-- ----Art. 199--Punjab Civil Service Rules, 1963, Rr. 9, 10(2-A)1 & 11--Constitutional Petition--Parents of petitioner were government servants--Death of parents--Application for getting pension of deceased parents--On line drawing of two pensions--Issuance of notification regarding drawing of two pensions--Notice for recovery of second pension--Question of--Whether a child of deceased government servant is entitled to draw two pensions--Regular source of income--Right of--Challenge to--Law in Pakistan do not show that two pensions cannot be withdrawn by a child of both parents who retired as government servants--It is clear that drawal of pension is vested right of child of a government servant, duly qualified, which cannot be taken away through a notification that too with retrospective effect and that two pensions are independent regardless of fact that both deceased government servants were related inter-se and that drawal of a pension is not a regular source of income in view of fact that this entitlement will come to an end after attaining certain change in status of daughter--Petition was allowed. THIS ORDER PASSED BY: ALI BAQAR NAJAFI, JUSTICE---.--- Through this Constitutional petition under Article 199 of the Constitution of Islamic Republic of Pakistan, 1973 petitioner has challenged the notification No. FD-SR-III-4-471/2014 whereby previous notification No. FD-SR-III-4-111/89 dated 22.07.1989, was clarified. 2. Brief facts giving rise to the filing of the present writ petition are that parents of the petitioner were government servants who had already died one after the other. After the death of her father, Professor S.A. Rashid, on 22.10.1983, his pension was transferred in the name of his widow, namely, Professor Mrs. Shamshad Rashid, a government servant, who after her retirement, started getting her own pension, alongwith the pension of her late husband, until her death on 12.08.2009. In the year 2012, the petitioner filed an application and the Accountant General, Punjab got the pension of her deceased parents disbursed in her account according to law. However, in May 2016, the old procedure was changed and…

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