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
Provisions referred to: S. 18

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---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.

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