| Case ID |
0970db4f-65a6-48b1-8c70-06edadda9f9e |
| Body |
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| Case Number |
W.P. No. 4163 of 2021 |
| Decision Date |
Jun 07, 2023 |
| Hearing Date |
Jun 07, 2023 |
| Decision |
The petition filed under Article 199 of the Constitution of Pakistan challenged the revocation of a succession certificate concerning benefits due to the death of the petitioner's son, who was a federal employee. The court upheld the findings of the lower courts, stating that the petitioner, as the father of the deceased, was not entitled to the benefits, which were awarded to the widow as per the relevant laws. The court emphasized that the definitions of 'Tarka' and 'Non-Tarka' were correctly applied, ruling against the petitioner's claims. Consequently, the petition was dismissed as meritless, reinforcing the principle that only benefits accrued during the deceased's lifetime were inheritable, and the rights of the widow were affirmed according to the provisions of the Prime Minister Assistance Package. |
| Summary |
This case revolves around the interpretation of the rights of legal heirs under the Constitution of Pakistan, specifically concerning the distribution of service benefits following the death of a government employee. The Islamabad High Court dealt with the complexities surrounding the terms 'Tarka' and 'Non-Tarka,' determining that only those benefits accrued during the employee's lifetime could be claimed by the heirs. The widow's entitlement to the benefits was upheld, while the father's claims were dismissed. The ruling clarifies the legal framework regarding succession rights and the applicability of the Prime Minister Assistance Package, emphasizing the limited scope of constitutional petitions in cases with concurrent findings from lower courts. The case highlights important aspects of family law and public service benefits, making it relevant for legal practitioners and individuals navigating similar issues. |
| Court |
Islamabad High Court
|
| Entities Involved |
Not available
|
| Judges |
Tariq Mehmood Jahangiri, J.
|
| Lawyers |
Sahibzada Saad-ul-Amin
|
| Petitioners |
Hafiz Muhammad Yaqoob
|
| Respondents |
FEDERATION OF PAKISTAN through Secretary Federal Education and Professional Training, Islamabad,
Mst. Bibi Tahira,
Malik Muhammad Iqbal Kallue,
Dr. Agha Ghulam Haider,
Mr. S.M. Rehan Naqvi
|
| Citations |
2024 SLD 3818,
2024 PLJ 1
|
| Other Citations |
2021 YLR (N) 109,
2008 YLR 2309,
PLD 2008 Karachi 2005,
1974 SCMR 279,
PLD 2020 Sindh 263,
PLD 2019 Sindh 1,
PLD 2019 Lah. 474,
PLD 2010 Karachi 153,
2020 SCMR 2155,
2020 SCMR 260,
PLD 2020 SC 1,
2019 SCMR 919,
PLD 2018 SC 28,
PLD 2007 SC 45
|
| Laws Involved |
Constitution of Pakistan, 1973
|
| Sections |
199
|