Law:

Section:

(a) Punjab Civil Servants Pension Rules, 1963-------Rr. 2.7 & 2.12---Constitution of Pakistan (1973), Art.199----Constitutional petition---Pensionary benefits, non-granting of---Absence of civil servant from duty for 10 months prior to his death---Plea of widow of civil servant was that during such period, he was paralyzed, which resulted in his death and that he at his credit had 350 days of accumulated leave duly verified by authority in service book---Validity---Department without any reasons, had not counted such leave as qualifying service for eligibility of pension---Such absence from duty being less than one year entitled civil servant for condonation under R.2.12 of Punjab Civil Servants Pension Rules, 1963---Death of civil servant following his indisposition due to paralysis not denied by Department was a justifiable explanation of absence from duty---Widow had been deprived arbitrarily of her lawful entitlement to family pension---High Court accepted constitutional petition while directing the Department to process such case for payment of rightful pension and other dues to widow within specified time. (b) Civil service--- ----Pensionary benefits of civil servant---Valuable terms of service. Mehdi Khan Chohan for Petitioner. Fawad Malik, A.A.-G. for Respondent. ORDER UMAR ATA BANDIAL J.---The petitioner's husband joined service as a work charged Beldar in the Highway Department, Government of the Punjab, on 1-1-1953. He continued to work in the said status until his confirmation as regular employee on 1-6-1972. The petitioner's husband thereafter served without break until 30-9-1979 when he was incapacitated by paralysis, could not attend his duties and died on 8-8-1980. After her husband's death, the petitioner applied for grant of pensionery benefits but no action thereon was taken by the respondent-Authorities. In this petition she has prayed for a direction to be issued to respondents to process her application and to grant her a family pension in accordance with law. 2. Making reference to the parawise comments, the learned A.A.-G has pointed out that the petitioner's husband was admittedly absent from duty without explanation from 1-10-1979…

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