Law: Balochistan Civil Pension Rules, 1989

Section: 4,10(2)(ii)

Balochistan Civil Servants Pension Rules, 1989-- ----Rr. 4 ,  10(2)(ii)--Death during service--Two widows were receiving monthly pension on equal basis--Divorced daughter--Death of petitioner’s mother--Entitlement of petitioner for monthly pension--Pension rules absolutely entitled petitioner for receiving half share in monthly pension of his late father and trial Court after proper appreciation of law has rightly granted relief to petitioner--The impugned order passed by appellate Court suffers from mis-reading, non-reading and miss appreciation of evidence and law, which is not sustainable--Petition allowed. [Pp. 120 ,  121] A ,  B JUDGMENT This judgment disposes of the instant petition filed by Asia Naz daughter of Abdul Hayee, against the order dated 24th November 2021 (“the impugned order”) passed by learned Additional District Judge-VII, Quetta (“the appellate Court”) whereby the order dated 18th September 2021 passed by learned Senior Civil Judge-I, Quetta (“the trial Court”) was set aside. 2. Brief facts arising from the instant petition are that the petitioner is the daughter of 2nd wife of late Abdul Hayee namely Jan Bibi, the said late Abdul Hayee was working in Regional Transport Authority Department, who had contracted two marriages one with Jan Bibi (the mother of petitioner) and with Lal Bibi (Respondent No.1). The late Abdul Hayee was expired during the course of service, after his death both the widows i.e. Respondent No. 1 and the mother of petitioner were receiving the monthly pension on the basis of equal shares. However, thereafter the mother of petitioner Mst. Jan Bibi was also expired on 10th January 2004 and half pension was also transferred in the name of Respondent No. 1 and she has receiving the whole monthly pension of late Abdul Hayee. It is further averred in the petition that from the wedlock of petitioner’s mother there are seven (07) children of late Abdul Hayee, while from the wedlock of Mst. Lal Bibi there are six (06) children and all of them are married; that the petitioner also got married with one Saeed Akhtar Malik, but on 10th December 2018 the marriage of petitioner was dissolved and she remained divorced…

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