Law: Succession Act, 1925

Section: 373

West Pakistan Civil Servants Pension Rules, 1963--- ----Rr.4.7 4.10---Succession Act (XXXIX of 1925), S.373---Pensionary benefits---Succession certificate---Islamic Law---Tarka---Nominee, entitlement of---After death of civil servant during his service, his legal heirs applied for succession certificate which included Bank accounts, general provident fund, leave salary, leave encashment, gratuity and group insurance---Validity---Test to determine any service benefit heritable by and for considering it Tarka for all his legal heirs, was invariably availability thereof to the concerned employee during his service or on/after retirement--- All other benefits allowed by employer out of his discretion, even to be paid during his lifetime or on the eve of his retirement or on his death were regarded as a grant or concession, to the exclusion of Tarka--- Benefits accrued on end of service or after death of person like gratuity, group insurance, benevolent fund and general provident fund, were grant/concession/compensation and could not be regarded as hereditary in nature nor could be interpreted to mean Tarka--- High Court in exercise of revisional jurisdiction set aside order passed by Lower Appellate Court as petitioner/widow was entitled to receive gratuity, general provident fund, group insurance and benevolent fund---Revision was allowed in circumstances. Federal Government of Pakistan v. Public at large and others PLD 1991 SC 731; Erum v. Mst. Ameena and 5 others PLD 2015 Sindh 360; Zaheer Abbas v. Pir Asif and 6 others 2011 PLC (C.S.) 1288; Shabaz Wali Khan and others v. Government of Pakistan, Establishment Division Regional Board Federal Employees 2019 PLC (C.S.) 1467; Mst. Riffat Yasmeen v. Hassan Din and another 2014 CLC 126; Muhammad Javed and another v. Mst. Roshan Jahan and 2 others PLD 2019 Sindh 1 and Dr. Nasar Ullah v. Abdul Majeed Soomro and others 2009 PLC (C.S.) 263 rel. Mst. Ameeran Khatoon v. Mst. Shamim Akhtar and others 2005 SCMR 512 and Succession of the Assets Securities, Properties and Accounts of late Javed Iqbal Ghaznavi PLD 2010 Kar. 153 distinguished. ORDER MUHAMMAD AMEER BHATTI, J.---- A question concerning the distribution of movable…

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