- Rule 2.2— the services of a civil servant begin to qualify for pension when he takes over the charge of the post to which he is first appointed. Ghulam Sarwar v. Director Auqaf 2015 SCR 1210 (A)
- Rule 2.3— Temporary and officiating service shall also count for pension or gratuity. Ghulam Sarwar v. Director Auqaf & others 2015 SCR 1210 (B)
- —Rule 2.3—Chapter II—the temporary and officiating service followed by the confirmation shall also be counted for the purpose of pension & gratuity. Managing Director AKLASC & 3 others Versus Muhammad Rafique & 16 others 2021 SCR 485 (A)
- Rule 4.5, sub-rule 1 and Rule, 4.8, sub-rule (2) (A) — Held: Family pension has to be paid under Rule 4.8 (2) (A) to a person who falls in sub-rule 1 of rule 4.5 and in presence of any person falling in “family”, no other person is entitled for grant of family pension. Miss Maryam v. Mst. Rasheeda Sultana & others 2015 SCR 568 (J)
- Rr — 4.5, 4.6 & 4.8 — Family pension — term family — definition of — Family pension is governed by rule, 4.8 — Sub-rule 1 of rule 4.8 refers to sub-rule 1 of rule 4.5 for the purpose of definition of “family — It shall include the Government servant’s relative mentioned in clause (D) of rule 4.6 — the term “family” is described under rule 4.5 which includes; (A) wife or wives in the case of male Government servant; (B) husband in the case of a female Government servant; (C) children of the Government servant and; (D) widow or widows and children of a deceased son of the Government servant. Miss Maryam v. Mst. Rasheeda Sultana & others 2015 SCR 568 (F)
- Rr 4.5 & 4.8, sub-rule (2) (A) & (B) — Family pension—distribution of — Sequence of entitlement — Rule 4.8 refers to rule 4.5, for definition of family which prescribes that the wife or wives, husband, children of a deceased Government servant, widow or widows and grand-children of the deceased civil servant are included in family—the father, mother, brothers and sisters can only claim family pension, if none of the persons entitled for family pension mentioned in rule 4.8 (2)(A) are available — the persons mentioned in rule 4.8 (2)(B) include the father, failing the father, the mother and failing the father and mother, the eldest surviving brothers below the age of 21 year are entitled for family pension. Miss Maryam v. Mst. Rasheeda Sultana 2015 SCR 568 (H)
- Rule 4.6 — Family pension & gratuity — entitlement of—Rule 4.6 is applicable only in the cases when there is no family of a deceased civil servant & whole or part of gratuity is not covered by valid nomination, then, brothers below the age of 21 years, un-married and widowed sisters, father and mother are entitled for grant of family pension — Held: in presence of family, the persons mentioned in clause (D) of Rule 4.6, are not entitled for grant of family pension. Miss Maryam v. Mst. Rasheeda Sultana & others 2015 SCR 568 (I)
- Rule 4.8, sub-rule (2) (A) para (ii) — distribution of family pension—Sequence of entitlement — Sub-rule 2(A) of rule 4.8 provides the sequence of entitlement for grant of family pension— Family pension shall be allowed to the widow of the deceased— If the Government servant had more than one wives and the number of surviving widows and children does not exceed 4, the pension shall be divided equally among the surviving widows and eligible children — Under para (ii) sub-rule (2) (A) of Rule 4.8, if there is no widow or husband, as the case may be, the family pension shall be divided equally among the surviving sons not above the age of 24 years and un-married daughters. Miss Maryam v. Mst. Rasheeda Sultana & others 2015 SCR 568 (G)
- Rrule, 5.1 and 5.2—sanction of pension—one month before retirement—legal obligation of concerned authorities— according to reproduce herein, statutory provisions i.e rule 5.1 and 5.6 of AJK Civil Services Pension Rules 1971, all the concerned authorities are under obligation to sanction the pension a month before the date of retirement. Justice Retired Abdul Rashied Sulehria v. Azad Govt. & others 2015 SCR 1396 (H)
- Islamic Jurisprudence — comparison of — Under the Islamic Law of inheritance, the father and mother are entitled for inheritance of a deceased son — At the advanced stage they need more help from the State for their maintenance apart from inheriting the estate of the deceased. Held: the Pension Rules, 1971, prima-facie, appear to be against the spirit of Islam — the Government may consider for amending the Rules so as to bring the same in accordance with the injunctions of Islam by entitling the parents of the deceased for family pension. Miss Maryam v. Mst. Rasheeda Sultana & others 2015 SCR 568 (M)
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