MUKHTAR-UL-HAQ vs DISTRICT POLICE OFFICER, SWAT R — 2022 PLC(CS) 1467 PESHAWAR-HIGH-COURT

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MUKHTAR-UL-HAQ VS DISTRICT POLICE OFFICER, SWAT R.2(c)---Pension/salary, stoppage of---Petitioners were brothers and sisters of deceased civil servant who met Shahadat during her service---Term "family"---Scope---Grievance of petitioners was that pension / salary of deceased civil servant was stopped by the authorities after the death of their mother---Validity---Petitioners were brothers and sisters of martyred and under R.2(c) of Khyber Pakhtunkhwa Civil Servants Pension Rules, 2021, who did not fall within the ambit of term "family"---Though full sister was a legal heir as per table or sharers provided in Islamic law subject to the condition that deceased when had no child, child of a son how-low-soever, father, true grandfather or full brother, with a further condition that with full brother sister would become a residuary---Even in accordance with injunctions of Islam, brothers and sisters with such condition were legal heirs---All legal heirs were not included in definition of "family"---Package of Shuhada to the extent of continuation of salary was restricted to the term "family" as provided in Khyber Pakhtunkhwa Civil Servants Pension Rules, 2021---Petitioners did not fall within the definition of "family" as such they were not entitled for continuation of salary---Authorities upon death of mother of the Shaheed police lady constable rightly stopped her salary---Petitioners could not establish infringement of their Constitutional rights nor violation of any law against authorities---According to rules, husband, widows and children constituted "family" who were entitled to receive gratuity and pension in case of death of the employee---High Court declined to interfere in the matter---Constitutional petition was dismissed, in circumstances. Head Notes

MUKHTAR-UL-HAQ vs DISTRICT POLICE OFFICER, SWAT R — 2022 PLC(CS) 1467 PESHAWAR-HIGH-COURT

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