| Case ID |
20206d19-3c78-4130-b71f-6691d5993396 |
| Body |
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| Case Number |
W.P. No.3298 of 2004 |
| Decision Date |
Nov 02, 2004 |
| Hearing Date |
|
| Decision |
The Lahore High Court ruled in favor of Mst. Aurangzeb Bibi, declaring the withdrawal of a government notification regarding her family pension illegal. The Court emphasized that the surviving widow is entitled to the full family pension as per the rules. It was recognized that the petitioner had been unjustly denied her rights without due process and that the government had not prohibited the payment of full pension to a sole widow. The Court directed the government to pay the entire family pension from the date of the other widow's death. This decision underscores the importance of protecting the rights of widows in the context of pension entitlements. |
| Summary |
This case revolves around the claims of Mst. Aurangzeb Bibi, the surviving widow of a deceased police official, regarding her entitlement to a full family pension after the death of her co-widow, Mst. Safida Bibi. The Lahore High Court analyzed the provisions of the Punjab Civil Servants (Pension) Rules, 1963, particularly Rule 4.10, which governs family pension distributions. The Court found that the petitioner was initially granted the full pension but faced withdrawal of this entitlement without a proper hearing. The ruling highlighted the principle of 'Audi alteram partem'—the right to a fair hearing—asserting that the government could not retract the pension without due process. The Court ordered the government to rectify the pension payments and ensure that the full family pension was disbursed to Mst. Aurangzeb Bibi, reflecting a commitment to uphold the rights of widows, especially those whose spouses served the state. The case illustrates the intersection of administrative law and family pension rights, emphasizing the need for transparency and fairness in government dealings, particularly concerning vulnerable populations like widows. |
| Court |
Lahore High Court
|
| Entities Involved |
Not available
|
| Judges |
SH. HAKIM ALI, J
|
| Lawyers |
Athar Rehman Khan
|
| Petitioners |
Mst. AURANGZEB BIBI
|
| Respondents |
others,
GOVERNMENT OF PUNJAB
|
| Citations |
2005 SLD 888,
2005 PLC 399
|
| Other Citations |
Not available
|
| Laws Involved |
Punjab Civil Servants (Pension) Rules, 1963,
Constitution of Pakistan (1973)
|
| Sections |
R.4.10,
Art.199
|