SC rules widow entitled to deceased’s pensio…
The Supreme Court of Pakistan has ruled that the widow of a deceased retired employee is the lawful recipient of the employee’s pension and post-retirement benefits, clarifying that siblings cannot claim such benefits solely on the basis of being legal heirs.
The ruling was issued in a detailed four-page written judgment authored by Chief Justice Yahya Afridi. The decision provides important legal clarification on the distribution of pension and retirement benefits after the death of a retired government employee.
According to the judgment, pension is not treated as inherited property that can automatically be divided among all legal heirs. Instead, the court held that pension payments are governed by the relevant laws, service rules and institutional regulations.
The Supreme Court stated that the widow of a deceased retired employee has the primary legal right to receive the pension and related benefits. It further observed that if a person has been legally nominated under the applicable rules, that nominee would also be entitled to receive the benefits.
The court made it clear that brothers and sisters cannot claim a deceased employee’s pension merely because they are legal heirs under inheritance laws. It explained that pension rights arise from specific statutory provisions and are separate from the general rules governing inheritance.
The judgment emphasised that all pension payments must be made strictly in accordance with the applicable laws and the regulations of the concerned institution. Authorities responsible for disbursing pensions must follow these legal provisions while determining the rightful beneficiary.
The case reached the Supreme Court after the siblings of a deceased employee of the Peshawar Electric Supply Company (PESCO) challenged an earlier court ruling and sought a succession certificate to claim pension-related benefits.
After reviewing the case, the apex court dismissed the appeal and upheld the decision of the Peshawar High Court, which had ruled that the siblings were not entitled to receive the deceased employee’s pension.
The Supreme Court observed that pension is a statutory benefit and cannot be distributed under ordinary inheritance principles unless specifically permitted by the relevant legal framework.
