Case Details

Citation(s)
2025 SLG 4254 2025 SLD 4254 = 2025 PLC 492
Islamabad High Court
Writ Petition No.4163 of 2021, decided on 7th June, 2023.
Before Tariq Mehmood Jahangiri, J
Sahibzada Saad ul Amin for Petitioner. Mst. Bibi Tahira for
Respondent No.3, in person. Malik Muhammad Iqbal Kallue, Assistant Attorney General. Dr. Agha Ghulam Haider, Deputy Director (legal), Ministry of FE and PT. S.M. Rehan Naqvi, Deputy Director (legal), Federal Directorate of Education.

Hafiz MUHAMMAD YAQOOB

VERSUS

FEDERATION OF PAKISTAN through Secretary Federal Education and Professional Training, Government of Pakistan and 7 others

Law: Constitution of Pakistan, 1973

Section: 199

(a)   Employment---

----Deceased employee---Family pension---Tarka---Entitlement---Father of the deceased employee assailed concurrent findings whereby the widow of the deceased was held entitled for financial benefits---Validity---Term "Tarka" is the grant / benefit which an employee shall be entitled to / can claim during his lifetime / period of service; and the non-tarka are the benefits which have not accrued to the employee while he was alive or in service but accrue or become payable to him after his demise/service, for which nominated legal heirs of employee become entitled after his death---Pension Rules, 2018, while dealing with the matter of Gratuity and Family Pension, provide that same will be given to the wife or wives, in case of a male Government servant ; husband, in case of a female Government servant; children of the Government servant; widow or widows and children of a deceased son of the Government servant; and similarly family pension is also liable to be paid to widow of the deceased Government servant---Petitioner (father of the deceased Government employee) had failed to make any submissions on the point as to how the concurrent orders passed by both the Courts below were not in consonance with law or were without jurisdiction or in excess of jurisdiction--Constitutional petition, filed by father of the deceased Government employee, was dismissed, in circumstances.

Federal Government of Pakistan v. Public at Large PLD 1991 SC 731; Mst. Rabia Qavi v. Mst. Hina Qavi Khan PLD 2020 Sindh 263; Muhammad Javed and another v. Mst. Roshan Jahan and 2 others PLD 2019 Sindh 1; Sher Ali v. Director General Pakistan Rangers PLD 2019 Lah. 474 and In the matter of: Succession of the Assets, Securities, Properties and Accounts of Late Javed Iqbal Ghaznavi PLD 2010 Kar. 153 ref.

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