The PROVINCE OF PUNJAB through Secretary, Finance Department, Government of the Punjab, Lahore vs KANWAL RASHI

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The PROVINCE OF PUNJAB through Secretary, Finance Department, Government of the Punjab, Lahore VS KANWAL RASHID S.18(2)---Punjab Civil Services Pension Rules, 1963, R. 4.10---Family pension, entitlement to---Unmarried daughter of deceased civil servant parents---Entitled to draw the pension of 'both' her parents simultaneously---However, such daughter would be disentitled from drawing pension, when she was married or acquired a regular source of income on her own, regardless of the family pension received by her. Citation Name: 2021 PLC(CS) 1060 SUPREME-COURTBookmark this Case The PROVINCE OF PUNJAB through Secretary, Finance Department, Government of the Punjab, Lahore VS KANWAL RASHID S. 18(2)---Punjab Civil Services Pension Rules, 1963, R. 4.10---Family pension, entitlement to---Unmarried daughter of deceased civil servant parents---Entitlement of unmarried daughter of deceased civil servants to pension till her marriage or till 'acquiring a regular source of income' [Rule 4.10 of the Punjab Civil Services Pension Rules, 1963]---'Acquiring a regular source of income'---Meaning---"Acquiring a regular source of income" under the Punjab Civil Services Pension Rules, 1963 meant that the unmarried daughter on her own, irrespective of the source of pension, had acquired a regular source of income---Acquire signified gain by one's own effort---Entitlement to family pension by virtue of the death of the parents did not constitute acquisition of a regular source of income; it was also not "regular" as the unmarried daughter was disentitled to receive family pension the minute she was married---Both said conditions must be met by her own self irrespective of the pension---Unmarried daughter must acquire a regular income of her own expertise and efforts---Disqualification (from receiving family pension) mentioned in Punjab Civil Services Pension Rules, 1963 must be independent of the family pension and pension itself could not constitute a ground for disqualification. Citation Name: 2021 PLC(CS) 1060 SUPREME-COURTBookmark this Case The PROVINCE OF PUNJAB through Secretary, Finance Department, Government of the Punjab, Lahore VS KANWAL RASHID S.18---Constitution of Pakistan, Art. 9---Pension, right of---Scope---Right to pension had a constitutional significance; it drew its strength from the right to life or the right to livelihood under Art. 9 of the Constitution. Citation Name: 2021 PLC(CS) 1060 SUPREME-COURTBookmark this Case The PROVINCE OF PUNJAB through Secretary, Finance Department, Government of the Punjab, Lahore VS KANWAL RASHID S.18(2)---Punjab Civil Services Pension Rules, 1963, R. 4.10---Constitution of Pakistan, Art. 14(1)---Children of deceased civil servants---Family pension, entitlement to---Clarification notification issued by Provincial Finance department with regard to family pension---Legality---Provincial Finance Department had no authority under the law to clarify, interpret, abridge or extend the right of (family) pension provided under S. 18(2) of the Punjab Civil Servants Act, 1974 and further regulated by the Punjab Civil Services Pension Rules, 1963---Supreme Court observed that depriving the children of civil servants of their family pension on the basis of an unauthorized and unlawful clarification by the (Provincial) Finance Department, offended the right to dignity of the deceased civil servants who were assured under the law that they and their children would enjoy the security of pension upon retirement---Petitions for leave to appeal were dismissed and leave was refused.

The PROVINCE OF PUNJAB through Secretary, Finance Department, Government of the Punjab, Lahore vs KANWAL RASHID S — 2021 PLC(CS) 1060 SUPREME-COURT

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