The PROVINCE OF PUNJAB through Secretary, Finance Department, Government of the Punjab, Lahore vs KANWAL RASHID S — 2021 SCMR 730 SUPREME-COURT

Case information

Citation: 2021 SCMR 730 SUPREME-COURT
Court: Supreme Court of Pakistan
Year: 2021
Reporter: SCMR
Parties: The PROVINCE OF PUNJAB through Secretary, Finance Department, Government of the Punjab, Lahore vs KANWAL RASHID S
Subject matter: Service
Provisions referred to: S. 18; Punjab Civil Servants Act

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

Judgment text as reported

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.

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