1. ' MRS. YASMIN ABBASEY, J.--- Case of petitioner is that her husband Javed Iqbal son of Amin was employee of Pakistan Railways as Bridge Inspector, retired on 5-5-2005, but till 5-5-2007 his pensionary benefits were not paid to him. In the meantime he, after loosing his mental status, once had gone out of the house and lost. A pamphlet of lost of Javed Iqbal has been annexed along with petition.
2. ' It is stated by petitioner that besides non-payment of pensionary benefits respondent Pakistan Railways is pressing hard to vacate the Railway Quarter No,299-A, Station Colony, Sakhar, in her possession. According to Railway Authorities it has been allotted to one Muhammad Shafi Booking Clerk.
3. ' So far as the first issue of grant of pensionary benefits, after missing of her husband petitioner requested Railway Authorities to make payment of pension, G.P. Fund and service gratuity of her husband as per existing policy but no attention was paid by them.
4. ' In reply to it, in parawise comments, it is stated by respondent that after going on L.P.R. Ftom 2-5- 2005 he has not applied for pensionary benefits in spite of letter issued by Assistant Personnel Officer.
5. ' Even for the sake of arguments if it is taken that Javed Iqbal after his retirement has not submitted any papers for pensionary benefits as asked by Assistant Personnel Officer, Pakistan Railways, Sukkar dated 11-1-2007, medical reports as placed on iecord show that he was facing health problem even before his retirement. That has been expressed by him in his application for grant of L.P.R. Moved on 29-12-2004. Medical certificate issued by Haroon Centre for Neuro Psychiatry on 18- 9-2006 further proves illness of Javed Iqbal. Therefore, in such, eventuality if required papers were not furnished by petitioner or her husband before the competent authority because of disturbance in their family as placed by petitioner, the service record of petitioner's husband was with the respondent and after examining the same respondent could have issued pensionary benefits to petitioner on her approach vide Annexure "D".
6. ' A circular issued by Divisional Office, Sukkar, of August, 1999, further shows that as per decision of Finance Division O.M. No,F-2(1) Reg.5/97, dated 25-9-1997 it was decided that "pension admissible thereunder shall also be admissible if pensioner remains missing or unheard for a period of. 12 months to the satisfaction of Department concerned, family pension may be allowed to his heirs as admissible mentioned in O.M. Dated 25-9-1997, referred to above".
7. ' So far as the objection raised by respondent in their parawise comments that during service Javed Iqbal had caused loss to Government property; therefore, his pensionary benefits were stopped, does not find any weight therein. As neither any report of the alleged damage caused to Government property has been placed on record nor any order of the competent authority withholding pension and other benefits has been placed. Mere on verbal statement of causing damage to Government property, an employee after his retirement cannot be deprived of his pensionary benefits. On the contrary Senior Accounts Officer, Pakistan Railways, Lahore, in his letter, dated 19-12-2005, addressed to Divisional Superintendent, Pakistan Railways, has observed that "it has been observed that subordinates who are on the verge of retirement visit the office of S.A.0./Stores for obtaining subject certificate. They insist upon having it issued at the earliest on the pretext that their pension is being delayed/withheld for want of the said NOC. In this regard it is clarified that once a Government servant proceeds on superannuation he ceases to be a Government servant, therefore, pension of such Government employee cannot be stopped or withheld for any reason whether administrative or punitive".
8. ' Next it is further alleged by petitioner that in spite of payment of commercial rent for quarter in occupation, respondent on 8-5-2008 attempted to evict petitioner and her family members through noticed dated 6-5-2008. To support her case that she has been allowed to retain Railway Quarter No,299/A on payment of monthly rent letter, dated 24-4-2007 and 5-12-2007 have been placed on record along with rent receipts paid by the petitioner. A policy letter of Railway authorities issued by Divisional Superintendent vide his letter, dated 18-6-2001 with reference to leasing of railway plots and buildings show that as per clause (3) of this letter priority will be given to retired railway employees/widows. It is correct that petitioner is not a widow as her husband Javed Iqbal is missing person but at least being a wife of retired person whose whereabouts are not known, she is entitled to retain the premises which are in surplus to railway requirement, letter, dated 25-1-2003 and 2-1-2000 issued by Director Property and Land Management, are referred wherein it was decided by railway authorities that for raising miscellaneous revenue earning surplus railway quarters/houses be given on rent to civilians. Therefore, petitioner being a wife of retired railway employee has preferential right than to any other civilian.
9. In view of above discussion, we are of the view that petitioner being one of the legal heirs of Javed Iqbal, after his missing, is entitled to the pensionary benefits of Javed Iqbal with monthly pension from the date of his retirement. She is also entitled to occupy the quarter subject to payment of rent as settled by railway authorities as per rules.
10. ' One month's time is granted from date of this order to respondents to release pension and other benefits of Javed Iqbal to petitioner.
11. ' Petition stands disposed of.