LHC Declares Denial of Family Pension to Unmarried and Divorced Daughters Illegal

LHC
The Lahore High Court (LHC) has ruled against decisions that deprived unmarried and divorced daughters of family pension benefits, declaring that pension rules cannot be interpreted in a way that overrides the law.

Justice Syed Ahsan Raza Kazmi issued the ruling while accepting petitions filed by three daughters who had challenged the denial of their family pensions. The court set aside a Finance Department clarification issued on May 30, 2025, and declared the December 2024 and August 2025 notifications ineffective to the extent challenged in the petitions.

Court Says Family Pension Is a Legal Right

In its written judgment, the LHC emphasized that a pension is a legal entitlement rather than a favour granted by the government. It observed that administrative rules and departmental clarifications cannot take precedence over the actual law.

The court also rejected a narrow interpretation of the word “family” that would restrict family pension benefits only to a widow or spouse. According to the judgment, the term must be understood in accordance with the relevant legal provisions and cannot automatically exclude unmarried or divorced daughters.

Justice Aalia Neelum becomes the first woman jurist nominated as the top judge of the Lahore High Court (LHC).

Departments Directed to Review Cases Within 60 Days

The court directed the relevant government departments to provide the three petitioners with a proper opportunity to present their cases. Their pension claims must then be reconsidered and decided in accordance with the law within 60 days.

The ruling is significant for unmarried and divorced daughters whose family pension claims may have been affected by the challenged departmental interpretations.

However, the judgment specifically concerns the petitions before the court and the relevant notifications. The practical effect on other pension cases will depend on the applicable rules and how the relevant authorities implement the decision.

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