| Citation(s) |
|---|
| 2021 SLG 2837 2021 SLD 2837 2021 PLC 1060 |
Supreme Court of Pakistan
C.Ps. Nos.883-L and 1791-L of 2020, decided on 9th February, 2021. (Against the judgment of Lahore High Court, Lahore dated 27.01.2020, passed in I.C.A. No. 50253/2019 and order dated 07.09.2020 passed in W.P. No. 13125/2020) Date of hearing: 9th Februar
Present: Manzoor Ahmad Malik and Syed Mansoor Ali Shah, JJ
M. Shan Gull, Additional A.G, Punjab, Rana Shamshad Khan, Additional A.G., Jawad Yaqoob, Additional A.G., Abdul Rauf, Deputy Secretary and Nasir Mahmood, Law Officer for Petitioners (in both cases). Rana Asad Ullah Khan, Advocate Supreme Court for Respon
C.Ps. Nos.883-L and 1791-L of 2020, decided on 9th February, 2021. (Against the judgment of Lahore High Court, Lahore dated 27.01.2020, passed in I.C.A. No. 50253/2019 and order dated 07.09.2020 passed in W.P. No. 13125/2020) Date of hearing: 9th Februar
Present: Manzoor Ahmad Malik and Syed Mansoor Ali Shah, JJ
M. Shan Gull, Additional A.G, Punjab, Rana Shamshad Khan, Additional A.G., Jawad Yaqoob, Additional A.G., Abdul Rauf, Deputy Secretary and Nasir Mahmood, Law Officer for Petitioners (in both cases). Rana Asad Ullah Khan, Advocate Supreme Court for Respon
The PROVINCE OF PUNJAB through Secretary, Finance Department, Government of the Punjab, Lahore and others
VS
KANWAL RASHID and others
Law: Punjab Civil Servants Act, 1974
Section: 18(2)
Law: Punjab Civil Services Pension Rules, 1963
Section: 4.10
Law: Constitution of Pakistan, 1973
Section: 14(1)
(a) Punjab Civil Servants Act (VIII of 1974)--- ----S.18(2)---Punjab Civil Services Pension Rules, 1963, R. 4.10---Family pension, entitlement to---Unmarried daughter of deceased civil servant parents---Entitled to draw the pension of 'both' her parents simultaneously---However, such daughter would be disentitled from drawing pension, when she was married or acquired a regular source of income on her own, regardless of the family pension received by her. (b) Punjab Civil Servants Act (VIII of 1974)--- ----S.18(2)---Punjab Civil Services Pension Rules, 1963, R. 4.10---Constitution of Pakistan, Art. 14(1)---Children of deceased civil servants---Family pension, entitlement to---Clarification notification issued by Provincial Finance department with regard to family pension---Legality---Provincial Finance Department had no authority under the law to clarify, interpret, abridge or extend the right of (family) pension provided under S. 18(2) of the Punjab Civil Servants Act, 1974 and further regulated by the Punjab Civil Services Pension Rules, 1963---Supreme Court observed that depriving the children of civil servants of their family pension on the basis of an unauthorized and unlawful clarification by the (Provincial) Finance Department, offended the right to dignity of the deceased civil servants who were assured under the law that they and their children would enjoy the security of pension upon retirement---Petitions for leave to appeal were dismissed and leave was refused. (c) Punjab Civil Servants Act (VIII of 1974)--- ----S. 18(2)---Punjab Civil Services Pension Rules, 1963, R. 4.10---Family pension, entitlement to---Unmarried daughter of deceased civil servant parents---Entitlement of unmarried daughter of deceased civil servants to pension till her marriage or till 'acquiring a regular source of income' [Rule 4.10 of the Punjab Civil Services Pension Rules, 1963]---'Acquiring a regular source of income'---Meaning---"Acquiring a regular source of income" under the Punjab Civil Services Pension Rules, 1963 meant that the unmarried daughter on her own, irrespective of the source of pension, had acquired a regular source of income---Acquire signified gain by…
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