| Citation(s) |
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| 2025 SLG 2189 2025 SLD 2189 = 2025 SCP 278 = 2025 PLD 856 |
CIVIL PETITION NO.616-K OF 2025 [Against order dated 27.02.2025 passed by the High Court of Sindh, Circuit Court, Larkana in CP No.D-226 of 2024]
Mr. Justice Muhammad Ali Mazhar Mrs. Justice Ayesha A. Malik
For the Petitioner(s) : Mr. Sibtain Mehmood, Additional Advocate General, Sindh (via video link, Karachi)
Province of Sindh through Secretary Government of Sindh, Karachi and others …Petitioner(s)
VERSUS
Mst. Sorath Fatima and another …Respondent(s)
Law: Sindh Civil Servants Act, (XIV of 1973)
Section: 20
Law: West Pakistan Civil Services Pension Rules, 1963
Section: 4.7(1),4.10(2)(A) & (B),4.10(3)(a)
Law: Constitution of Pakistan, 1973
Section: 9, 14, 25, 27
Summary:
The judgment by Justice Ayesha A. Malik of the Supreme Court of Pakistan addresses the issue of family pension entitlement for a divorced daughter of a deceased government servant. The case concerns a woman whose father, a government employee, died in 2002. She was granted family pension as an unmarried daughter after her mother (the widow) passed away in 2012. The pension was stopped when she married, but after her divorce in 2022, she sought resumption of the pension, which was denied based on a government circular restricting eligibility to marital status at the time of the pensioner's death.
(a) Interpretation of statutes---
----Circulars and administrative directives--- Effect--- Executive clarifications in the form of circulars and administrative directives cannot override, amend or curtail scope of statute itself or rules framed thereunder.