Law: Constitution of Pakistan, 1973

Section: 199

Summary The petitioner (widow of the deceased employee) sought a direction for payment of family pension covering her late husband's entire service, including service with both POF Wah Cantt and the International Islamic University (IIU). The Court held that although the writ against IIU was generally not maintainable due to its non-statutory service rules, both departments admitted their respective pension obligations. The writ petition was therefore disposed of with directions to process and disburse the family pension according to the petitioner's entitlement. Legal Core Points IIU's service rules are non-statutory, therefore service disputes against IIU are generally not maintainable under Article 199 of the Constitution. The former employer (POF Wah Cantt) admitted its liability and agreed to pay the proportionate pension contribution as prescribed under the Finance Division O.M. dated 13.12.1981. IIU acknowledged that it would pay pension upon receiving the required proportionate pension contribution from the previous employer. Since both respondents admitted their respective obligations, the Court directed them to perform their statutory/administrative duties and ensure payment of the petitioner's lawful family pension. Result: Writ petition disposed of with an expectation/direction that the respondents complete the pension contribution process and disburse the family pension to the petitioner in accordance with her entitlement.         JUDGMENT SHEET ARBAB MUHAMMAD TAHIR, J:Through the instant writ petition, petitioner prays for a direction to the respondents 1,3 & 4 to pay respective portion of the pension for the services rendered by late husband of the petitioner. The relevant facts are that husband of the petitioner namely Dr. Azhar Javed served the respondent No.4 (POF Wah Cantt) from 02.01.1975 to 15.08.1989 and thereafter joined the respondent No.1-International Islamic University (IIU). He died on 24.04.2007 and thereafter family pension is being disbursed to the widow (petitioner). She alleges that the pensionary benefits for the entire service period of the late are to be disbursed but she is being paid…