| Citation(s) |
|---|
| 2021 SLG 1366 2021 SLD 1366 2021 SCMR 730 |
Supreme Court of Pakistan
C.P. 883-L of 2020 and C.P. 1791-L of 2020, decided on 9th February, 2021, Date of hearing: 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.
MANZOOR AHMAD MALIK, JUSTICE, SYED MANSOOR ALI SHAH, JUSTICE
Rana Asad Ullah Khan, Advocate Supreme Court for
Respondents (in C.P. 883-L/2020). Nemo for
Respondents (in C.P. 1791-L/2020).
C.P. 883-L of 2020 and C.P. 1791-L of 2020, decided on 9th February, 2021, Date of hearing: 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.
MANZOOR AHMAD MALIK, JUSTICE, SYED MANSOOR ALI SHAH, JUSTICE
Rana Asad Ullah Khan, Advocate Supreme Court for
Respondents (in C.P. 883-L/2020). Nemo for
Respondents (in C.P. 1791-L/2020).
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
(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 ones own…
Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492