Law: Civil Servants Act, 1973

Section: 19(2)

Civil Servants Act (LXXI of 1973)--- ----S.19(2)---Pension/pensionary benefits---Alleged resignation of the deceased employee---Petitioner/widow contended that her husband died after 23 years of service; respondent/Deputy Commissioner instead of issuing retirement order issued appointment letter to his son accepting the resignation of the deceased; that deceased had never tendered any resignation during his life time; and that such resignation was false; and that she approached the authorities but of no avail---Held, that petitioner being widow of the deceased/servant was his legal heir---After rendering 23 years of un-blemished service the petitioners husband fell fatally ill due to cancer and died---No document pertaining to resignation of the deceased had been annexed with the comments---Assistant Attorney General produced a resignation tendered a photocopy of the resignation letter---Tendering of resignation of the deceased after 23 years long service would not appeal to a prudent mind---Acceptance of the alleged resignation on the date of demise of the deceased servant also seemed dubious---Petitioner (legal heir of the deceased servant) had locus standi to file the constitutional petition---High Court allowed the constitutional petition and directed the authorities to grant/pay the pension/pensionary benefits to the petitioner. Government of Punjab through Secretary Education Lahore and others v. Sameena Parveen and others 2009 SCMR 1 and Rakhshinda Habib v. Federation of Pakistan and others 2014 PLC (C.S.) 247 rel. (b) Civil service--- ----Pension/pensionary benefits---Nature and scope---Pension/pensionary benefit was not a bounty/ex-gratia payment but a right acquired in consideration of past service---Such right was conferred by law and could not be arbitrarily abridged/reduced except in accordance with law as it was the vested right and legitimate expectation of retired civil servant. Secretary to Government of the Punjab, Finance Department v. M. Ismail Tayer and 269 others 2015 PLC (C.S.) 296 rel. (c) Constitution of Pakistan--- ----Art.199---Constitutional jurisdiction---Pension/pensionary benefits--Legal heirs of deceased civil servant---Locus…

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