Mst. Musarat Vs The Govt of KP through CS

\# PESHAWAR HIGH COURT PESHAWAR

FORIVT 55A"

ORDER SHEET

Date of Order Order or other Proceedings with Signature of Judge or that of parties or or Proceedings counsel wltere necessary

I 2

07.4.2025 WP No.5260-P/2024.

Present tr[r. Mohammad FurqanYousafzai, Advocate for petitioner.

Mr. Mohammad Inam Yousafzai, AAG, for respondents.

WIOAR AHMAD, l.- The petitioner married Zarshad Khan, who passed away on January 13, 2024. Petitioner's father namely, Jan Mohammad, had served in police department and retired on May 1, 1976. After her father's death, petitioner's mother namely, Mst. Zar Pari Bibi, had been receiving pensionary benefits from her late husband's pension. However, Mst. Zar Pari Bibi passed away on January 16, 2016. Following her mother's death, petitioner approached respondent No. 4 for transfer of the pension and pensionary benefits to her name but she did not receive any response. Consequently, petitioner filed this writ petition under Article 199 of the Constitution of Islamic Republic of Pakistan, l973,with the following prayer:

"for the aforesaid reasorlsr it therefore

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humbly prayed that on acceptance of this writ petition, the inaction on the part of the respondents and not releasing the monthly pension of the petitioner's father be declared illegal, unconstitutiontl, and arbitttry, and the respondents be directed to release the monthly pension of the deceased Jan Mohammad to his daughter/petitioner being widow. Any other remedy deems fit by this Hon'ble Court may also be granted in favour of petitioner.tt

2.Arguments heard and record perused.

3.Perusal of record reveals that petitioner is the daughter of a deceased police constable who was receiving pension in his life time. Petitioner is a widow and claiming to be entitled to grant of family pension of her deceased father. Family pension has been defined in Clause-F while "Family Pension" in Clause-E of Rule 2 of Khyber Pakhtunkhwa Civil Servants Pension Rules, 2021in the following words;

tt(e) tt family" means-

(i)wife in the case of male civil servant or husband in case of family civil selvatrt, for life time or till remarriage;

(ii)children as per detailed given below, who were dependent upon the deceased civil selvant or pensioner'

(a)unmarried daughters, Iife time or tiil marriage;

(b)Disabled and retarded children, for Iife time and without age limit;

(c)Widowed or divorced daughters, for life time or tiil remarriage;

(d)Son(s) upto the age of 21 years; and (e) in case of non-existence of any of the above family members, to the father or failing the father to the mother subiect to the condition that WP No. 5260-P12024

v they were wholly dependent upon the deceased civil servant or pensioner and have no other source of income.

(0 "family pensior", means a compassionate grant paid to the family tt the rate of hundred percent (1 00%) of the Pension."

4.Widowed or divorced daughters would fall in the defurition of family, for the pu(poses of pension rules for lifetime or till re-marriage. There is nothing on record to suggest that petitioner has remarried another person after death of her former husband. The fact that the petitioner has been widowed daughter of Jan Muhammad, a former police official, has not been denied in the comments. It has also not been stated that petitioner has remarried. Instead the following reason has been forwarded for denying payment of the family pension;

o'6. Factual position of case is that after the death of her parents (father & mother) the petitioner as per report of Special Branch vide letter No. 166/SB-PC (Pension), dated 24.7.2024 is residing with her children in her deceased husband's house."

5 The fact that the petitioner has been residing with her children in the house of her deceased husband cannot be considered a disqualification for the grant of family pension, as the same is allowable to her under the given circumstances. No such disqualification is mentioned in the applicable pension rules' when the law does not impose any restriction on availing the pension in such circumstances, no restriction can be introduced without the backing of any legal provision, as no one is above the WP No. 5260-P/2024

V law. Furthennofe, the right to pension has a constitutional significance. It draws its strength from the right to life or the right to livelihood under Article 9 of the Constitution.r In view of the above, the petitioner has made out a case warranting interference by this Court. Consequently, the instant writ petition is allowed to the extent that the petitioner is declared entitled to the grant of family pension under the applicable rules. The respondents are directed to release her pension in accordance with the rules, along with payment of arears.

Announced on;

|Vh of April, 2025

*l'ortthzd,* (DB) Hon'ble Mr. Justice Wiqar Ahmad & Hon'ble Mr Justice Dr. Khurshid Iqbal l2021 scMR 730 WP No. 5260-P12024