Summary The court observed that the relevant laws use the term "family", which cannot be narrowed down to mean only a surviving spouse through an administrative clarification or notification
LAHORE (Muhammad Ashfaq) - The Lahore High Court has set aside government restrictions limiting family pension to surviving spouses, holding that unmarried and divorced daughters cannot be denied the benefit through administrative notifications.
Justice Syed Ahsan Raza Kazmi issued a 20-page written judgment while allowing petitions filed by three daughters, including Zahida Yasmeen, challenging their exclusion from family pension.
The court set aside the Finance Department's clarification issued on May 30, 2025, declaring it unlawful and beyond its legal authority. It also struck down the relevant portions of notifications issued in December 2024 and August 2025.
In its judgment, the court observed that the relevant laws use the term "family", which cannot be narrowed down to mean only a surviving spouse through an administrative clarification or notification.
It held that administrative rules and notifications cannot override the parent law or restrict rights granted under it. The court further observed that pension is a legal entitlement, not a concession at the government's discretion.
The judgment clarified that being a daughter or receiving another pension does not automatically render an individual ineligible for family pension.
Citing the Supreme Court's ruling in the Kanwal Rashid case, the LHC observed that receiving one pension cannot, by itself, serve as grounds for denying another pension.
The court also directed the relevant departments to assess claims relating to the pensions of both deceased parents separately and determine each applicant's eligibility in accordance with the applicable legal provisions.
It ordered the authorities to reconsider the petitioners' cases and provide them with a proper opportunity of hearing before making a fresh decision.
The departments have been directed to complete the required legal proceedings within 60 days of receiving a certified copy of the judgment.
