Mst. MUSARAT vs The GOVERNMENT OF KHYBER PAKHTUNKHWA R — 2025 PLC(CS) 1201 PESHAWAR-HIGH-COURT

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Mst. MUSARAT VS The GOVERNMENT OF KHYBER PAKHTUNKHWA R.2---Constitution of Pakistan, Art. 9---Pensionary benefits, entitlement to---Widowed daughter of a deceased police official---Widow of deceased police official having also passed away---Family pension, grant of---Fundamental right---'Family', definition of---Widowed or divorced daughters fall within the definition of 'family' till re-marriage---Brief facts were that the petitioner was the daughter of a deceased police constable who was receiving pension in his life time---Petitioner was a widow and claimed to be entitled to grant of family pension of her deceased father---Petitioner's mother/widow of deceased police official had also passed away who was also receiving pensionary benefits from pension of deceased police official---Held: Widowed or divorced daughters fell in the definition of family for the purpose of pension rules for life time or till re-marriage---The fact that the petitioner had been residing with her children in the house of her deceased husband could not be considered a disqualification for the grant of family pension as the same was allowable to her under the given circumstances---No such disqualification was mentioned in the applicable pension rules---When the law did not impose any restriction on availing the pension in such circumstances, no restriction could be introduced without the backing of any legal provision, as no one was above the law---Furthermore, the right to pension had a constitutional significance---It drew its strength from the right to life or the right to livelihood under Art. 9 of the Constitution---Petitioner made out a case warranting interference by the High Court and was declared entitled to the grant of family pension under the applicable rules---The respondents were directed to release her pension in accordance with rules, along with payment of arrears---Constitutional petition was allowed, in circumstances.

Mst. MUSARAT vs The GOVERNMENT OF KHYBER PAKHTUNKHWA R — 2025 PLC(CS) 1201 PESHAWAR-HIGH-COURT

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