Mst. ISLAM BIBI vs GOVERNMENT OF PAKISTAN through Secretary State and Frontier Regions Division, Islamabad S — 2022 PLC(CS) 1196 PESHAWAR-HIGH-COURT

Case information

Citation: 2022 PLC(CS) 1196 PESHAWAR-HIGH-COURT
Court: Peshawar High Court
Year: 2022
Reporter: PLC
Parties: Mst. ISLAM BIBI vs GOVERNMENT OF PAKISTAN through Secretary State and Frontier Regions Division, Islamabad S
Subject matter: Constitutional
Provisions referred to: S. 19

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

Mst. ISLAM BIBI VS GOVERNMENT OF PAKISTAN through Secretary State and Frontier Regions Division, Islamabad S.19(2)---Pension/pensionary benefits---Alleged resignation of the deceased employee---Petitioner/widow contended that her husband died after 23 years of service; respondent/Deputy Commissioner instead of issuing retirement order issued appointment letter to his son accepting the resignation of the deceased; that deceased had never tendered any resignation during his life time; and that such resignation was false; and that she approached the authorities but of no avail---Held, that petitioner being widow of the deceased/servant was his legal heir---After rendering 23 years of un-blemished service the petitioner's husband fell fatally ill due to cancer and died---No document pertaining to resignation of the deceased had been annexed with the comments---Assistant Attorney General produced a resignation tendered a photocopy of the resignation letter---Tendering of resignation of the deceased after 23 years long service would not appeal to a prudent mind---Acceptance of the alleged resignation on the date of demise of the deceased servant also seemed dubious---Petitioner (legal heir of the deceased servant) had locus standi to file the constitutional petition---High Court allowed the constitutional petition and directed the authorities to grant/pay the pension/pensionary benefits to the petitioner. Head Notes

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