Law: West Pakistan Civil Services Pension Rules, 1963

Section: 10(2)(A)(ii) & 4.10(2)(B)(iv)

(a) West Pakistan Civil Services Pension Rules, 1963---

----Rr. 4.10(2)(A)(ii) & 4.10(2)(B)(iv)---Constitution of Pakistan, Art.199---Unmarried sister of deceased employee---Family pension, entitlement to---Scope---Succession certificate for seeking family pension was allowed in favour of un-married sister of real deceased brother (Head Clerk serving with the Railways) ; she filed constitution petition, as time and again she approached the respondents /Railways for seeking family pension, but the needful had not been done---Objection of the respondents / Railways was that the petitioner was not entitled to family pension as the deceased was succeeded by his two sons---Validity---Question of succession and the payment of pension had already been resolved by the court of competent jurisdiction by way of issuing a succession certificate, which had attained finality after dismissal of civil revision filed by the respondents---In view of which (Succession Certificate) no other legal heir of the deceased, who was entitled to receive the family pension, was available, thus in view of R.4.10(2)(b)(iv) of the West Pakistan Civil Services Pension Rules, 1963 ('the Rules, 1963'), petitioner was entitled to receive the family pension, thus, refusal of the respondents to allow the family pension to her, was not only illegal, but was also an act of cruelty on their part---Objection of the respondents was not tenable for the reason that both the sons admittedly were more than 24 years of age---Thus keeping in view R.4.10(2)(a)(ii) of the Rules, 1963, they (sons) were disentitled to receive family pension---High Court directed the respondents/Railways to pay the family pension of the deceased to the petitioner within a period of 30 days---Constitution petition, filed by un-married sister of deceased employee, was allowed, in circumstances.

(b) West Pakistan Civil Services Pension Rules, 1963---