Mst. GUL BAHA vs Sr — 2024 PLC(CS) 811 LAHORE-HIGH-COURT-LAHORE

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Mst. GUL BAHA VS Sr. GENERAL MANAGER PAKISTAN RAILWAYS Rr. 4.7, 4.8 & 4.10---Unmarried sister of deceased employee---Family pension, entitlement to---Gratuity---Nomination---Scope---Succession certificate for seeking family pension was allowed in favour of un-married sister of real deceased brother (Head Clerk serving with the Railways) ; she filed constitution petition, as time and again she approached the respondents /Railways for seeking family pension, but the needful had not been done---Contention of the respondents / Railways, relying on Rr. 4.7 & 4.8 of the West Pakistan Civil Services Pension Rules, 1963, was that the petitioner was not entitled to family pension as she was not nominated by the deceased to receive family pension---Held, that contention of the respondents was misplaced for the reason that the provisions of Rr. 4.7 & 4.8 of the West Pakistan Civil Services Pension Rules, 1963, dealt with payment of gratuity and for that the concept of "nomination" was available, whereas, R.4.10 of the Rules, 1963 was applicable in the present case, which specifically dealt with family pension and nomination by the deceased employee for receiving family pension was not required---Moreover, while promulgating R. 4.10 of the Rules, 1963, the competent authority had in fact added certain categories of the relatives to the definition of family as defined in Rr. 4.7 & 4.8 of the Rules, 1963 only for the payment of family pension (and not gratuity) and, thus, had amplified and extended the definition---High Court directed the respondents/Railways to pay the family pension of the deceased to the petitioner within a period of 30 days---Constitution petition, filed by un-married sister of deceased employee, was allowed, in circumstances. Citation Name: 2024 PLC(CS) 811 LAHORE-HIGH-COURT-LAHORE Mst. GUL BAHA VS Sr. GENERAL MANAGER PAKISTAN RAILWAYS Rr. 4.10(2)(a)(ii) & 4.10(2)(B)(iv)---Constitution of Pakistan, art.199---Unmarried sister of deceased employee---Family pension, entitlement to---Scope---Succession certificate for seeking family pension was allowed in favour of un-married sister of real deceased brother (Head Clerk serving with the Railways) ; she filed constitution petition, as time and again she approached the respondents /Railways for seeking family pension, but the needful had not been done---Objection of the respondents / Railways was that the petitioner was not entitled to family pension as the deceased was succeeded by his two sons---Validity---Question of succession and the payment of pension had already been resolved by the court of competent jurisdiction by way of issuing a succession certificate, which had attained finality after dismissal of civil revision filed by the respondents---In view of which (Succession Certificate) no other legal heir of the deceased, who was entitled to receive the family pension, was available, thus in view of R.4.10(2)(b)(iv) of the West Pakistan Civil Services Pension Rules, 1963 ('the Rules, 1963'), petitioner was entitled to receive the family pension, thus, refusal of the respondents to allow the family pension to her, was not only illegal, but was also an act of cruelty on their part---Objection of the respondents was not tenable for the reason that both the sons admittedly were more than 24 years of age---Thus keeping in view R.4.10(2)(a)(ii) of the Rules, 1963, they (sons) were disentitled to receive family pension---High Court directed the respondents/Railways to pay the family pension of the deceased to the petitioner within a period of 30 days---Constitution petition, filed by un-married sister of deceased employee, was allowed, in circumstances.

Mst. GUL BAHA vs Sr — 2024 PLC(CS) 811 LAHORE-HIGH-COURT-LAHORE

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