| Citation(s) |
|---|
| 2025 SLG 3955 2025 SLD 3955 = 2025 CLC 462 |
Sindh High Court, Sukkur Bench
Succession Appeal No.S-09 of 2022, decided on 23rd February, 2024.
Before Arbab Ali Hakro, J
Safdar Ali Bhatti for Appellant. Ahmed Ali Shahani, Assistant Advocate General for
Respondents.
Succession Appeal No.S-09 of 2022, decided on 23rd February, 2024.
Before Arbab Ali Hakro, J
Safdar Ali Bhatti for Appellant. Ahmed Ali Shahani, Assistant Advocate General for
Respondents.
Mst. NIGHAT BANO ---Appellant
VERSUS
PUBLIC AT LARGE and 3 others ---Respondents
Law: Succession Act, 1925
Section: XXXIX,372,384
Law: West Pakistan Civil Services Pension Rules, 1963
Section: 4.7(1),4.8(d),4.10(2)(b)(iv)
(a) Succession Act (XXXIX of 1925)-------Ss. 372 & 384---West Pakistan Civil Services Pension Rules, 1963, Rr. 4.7, 4.8(d) & 4.10(2)(b)(iv)---Family pension---Succession Certificate---Eligibility of unmarried sister to receive monthly pension of her deceased and retired sister--After death of her sister, (retired lecturer) petitioner applied for issuance of succession certificate qua pensionary benefits of her deceased sister, however same was refused by the Trial Court---Validity---Dependents, who apply for financial provision, are the deceased wife, husband and children or a child of a family in relation to any marriage or any other person who immediately before the death of the deceased is mentioned, whereas, in the case at hand, appellant was admittedly a government employee and was receiving a pension following her retirement, which implied that she was not reliant on the deceased, as she was earning her income as agovernment employee---Term "dependent" is defined as an individual with no personal earnings and entirely reliant on his/her sister's income---Simply being an unmarried sister did not automatically qualify the appellant as a dependent of her deceased sister---Dependency is not determined by marital status but by financial reliance---Despite the familial relationship, appellant's financial independence negated her status as a dependent---Succession Appeal was dismissed accordingly.The Province of Punjab through the Secretary, Finance Department, Government of the Punjab, Lahore and others v. Kanwal Rashid and others 2021 SCMR 730 Distinguished.(b) West Pakistan Civil Services Pension Rules, 1963-------R.4.7(1)---Word 'family'---Definition provided.(c) Words and phrases-------Word 'dependent'---Connotation---Term "dependent" carries a significant meaning, denoting an individual who is reliant on another for support---This reliance could be emotional, financial, or physical, underscoring a fundamental inability to exist or sustain oneself independently--Dependent person requires another individual's power, aid, or assistance to navigate life's challenges---This dependency…