2011 PLP (C (PLC(CS))

SH. AHMAD FAROOQ, J.

The petitioner/Mst. Khurshid Khatoon, is daughter of one Sardar Khan Mumakzai Rokhri, who served the Education Department and retired as a Primary School Teacher on 28-2-1976 and thereafter, died on 6-7-2007. The petitioner gave an application to respondent No.3/Deputy District Education Officer (M), Mianwali, wherein she stated that her mother has already died during the life time of her father and she, after having been divorced on 2-7-2008 had been residing with her father. She claimed that as per Pension Rules, she is entitled to the transfer of family pension of her deceased father. The request of the petitioner, was forwarded to the District Accounts Officer, Mianwali, for guidance. The District Accounts Officer, Mianwali, while referring to Notification No.FD.SRIII-4-58/2008, dated 5-5-2008, reported that as the deceased had received pension for ,31 years, the petitioner was not eligible for the transfer of the family pension. Through the instant petition, the petitioner has prayed that Notification No.FD-SR-III-4-58/2008, dated 5-5-2008, issued by respondent No.1/Finance Department, Government of the Punjab may be declared illegal, unlawful and against the fundamental rights of the citizens as well as in violation of the Pension Rules. It has further been prayed that the respondents may be issued direction to transfer the Family Pension in the name of the petitioner.

2. I have heard the learned counsel for the petitioner and perused the report and parawise comments furnished on behalf of respondent No.1.

3. Admittedly, father of the petitioner was retired on 28-2-1976 and he died on 6-7-2007. The deceased pensioner derived pension benefits for a period spreading over more than 31 years. As per para.5(b) of Notification No. FD-SR-III-4/1-77, issued by the Finance Department, Government of the Punjab, in case of death within 10 years of retirement, family pension is admissible for the unexpired portion of 10 years at 50 per cent of pension (net or gross, as the case may be). In this view of the matter, the petitioner was not eligible for the transfer of Family Pension of her deceased father as no period was left un-expired by the deceased. Her application for transfer of Family Pension in her name was rightly turned down. Even otherwise, the letter dated 5-5-2008 sought to be declared illegal does not relate to the present petitioner and it pertains to some other lady, namely, Robeena Shagufta. The instant petition is devoid of any force, which is accordingly, dismissed. H.B.T./K-9/L Petition dismissed.