1993 PLP 2171 (MLD)

The dispute sought to be resolved in this litigation relates to the sums of money payable on account of G.P. Fund, Benevolent Fund, Group Insurance and Pension to the heirs of Mst. Imtiaz Khalida. The latter was a School Teacher and died on 19‑7‑1989. She was survived by her husband Hafiz Abdul Majeed Shakir, her mother Mst. Batool Begum, her brothers Muhammad Jamil and Muhammad Khalil and her sister Mst. Azra Parveen. Mst. Batool Begum applied for a Succession Certificate; her claim was supported by Muhammad Jamil, Muhammad Khalil and Mst. Azra Parveen but was opposed by Hafiz Abdul Majeed Shakir, petitioner herein, his case being that he was a nominee of Mst. Imtiaz Khalida and was entitled to these sums of money to the exclusion of Mst. Batool Begum and her children. The learned Civil Judge held that "no document regarding nomination has been filed in this petit. ". The learned Civil Judge was also of the view that "even ‑otherwise the nominee cannot take the whole property movable, or immovable of the deceased". He then proceeded to hold that as her husband, the petitioner was entitled to one‑half and that the remaining half would go to Mst. Batool Begum and her children. The learned Additional District Judge affirmed these findings; he held: "Under the Muslim Law of Inheritance the deceased being issueless, the appellant was entitled to half of the funds and the rest half will go to respondents Nos.1 to 4."

2. In so proceeding, the learned Courts below appear to have assumed that the amounts payable as G.P. Fund, Benevolent Fund, Group Insurance and Pension were all heritable. That assumption has no basis in law. It was held in Mirza Muhammad Amin, etc. v. Government 'of Pakistan PLD 1982 FSC 143 that the sum payable as pension is not heritable; similarly it was held in case Wafaqi Hakoomat‑e‑Pakistan v. Awamunnas PLD 1991 SC 731 that the sums payable on account of Group Insurance and Benevolent Fund are not heritable. The learned Courts below were, therefore, wrong in deciding. the matter under the Islamic Law of Inheritance. However, as regards G.P. Fund it was held in Wafaqi Hakoomat‑e‑Pakistan v. Awamunnas PLD 1991 SC 731 that it is heritable.

3. It follows therefore, that so far as the sums payable as Pension, Group Insurance and Benevolent Fund, the matter is governed by the relevant law and rules. In that connection reference may be made to the Punjab Government Employees' Welfare Fund Ordinance, 1969 (W.P. Ordinance I of 1969) and the Punjab Government Servants Benevolent Fund Ordinance, 1960 (W.P. Ordinance XIV of 1960). Regarding pension the rules are to be found in the Compendium of Pension Rules. The learned Courts below do not appear to have had their attention drawn to these provisions of law. It is obvious that if the sums other than the sum payable on account of G.P. Fund are not heritable, then they must be governed by the provisions of law referred to above.

4. For these reasons the revision petition is accepted, the orders in question are set aside and the matter is sent back to the learned Civil Judge; he will provide opportunity to the parties to lead evidence in support of their respective claims and then decide the matter afresh in accordance with law. The parties are left to bear their own costs. H.B.T./A‑441/L Petition accepted.