LAHORE
Lahore High Court (LHC) has declared restricting the family pension to only widow or husband illegal and has nullified the orders for depriving the unmarried and divorced daughters of pension .
The pleas of three daughters were approved by the court.
Justice Ahsan Raza Kazmi maintained word family has been used in the respective laws. This can not be restricted to life partner only through administrative clarification or notification.
Justice Syed Ahsan Raza Kazmi of LHC while approving the petitions of three daughters including the petitioner Zahida Yasmin issued 20 pages written order.
The court struck down clarification issued by finance department on May 30, 2025 by declaring it illegal. The December 2024 and August 2025 notifications were also invalidated to the affected extent.
The court held administrative rules and regulations can neither go beyond the original law nor can the meaning of words in the law be changed to restrict a legal right regarding pension.
The court maintained the pension is not favor from the government but it is a legal right which should be determined according to the respective law and regulations.
The court maintained merely being a daughter or receiving any other pension cannot be made basis for automatic ineligibility for obtaining family pension.
Citing to Kanwal Rashid case of Supreme Court, it was made clear in the decision receiving one pension cannot become automatic reason for deprivation from another pension.
According to decision, it is necessary to scrutinize the claims of both father and mother separately. The respective departments will determine the eligibility of every petitioner in the light of conditions laid down in the law.
The court made it clear the petitioners cannot be deprived of pension merely being unmarried or divorced daughter.
LHC has directed the respective departments to decide the pension cases of the petitioners afresh and opportunity for regular hearing be provided to them in this process.
The court directed to complete all legal proceedings within 60 days after the attested copy of the decision is received.
