Through this constitutional petition, Mst. Samina Bibi petitioner has challenged the validity of order dated 26.04.2022 passed by District accounts Officer, Bahawalpur/ respondent No.5, whereby representation of the petitioner for release of financial benefits of her deceased husband (civil servant) in her favour was dismissed.
2. Brief facts behind filing of instant writ petition are that Saif Ullah Khan, husband of the petitioner was performing his duty as 'Junior Clerk' (BPS-11) at Rural Health Centre Channigoth Tehsil Ahmadpur East who passed away on 06.04.2019 during service. Vide order dated 02.03.2021 the Chief Executive Officer, District Health Authority Bahawlapur allowed the petitioner being widow of deceased employee to draw the salary alongwith annual increases of pay till the date of superannuation of deceased employee Government Servant i.e 27.04.2026 as per Government of the Punjab, Finance Department Notification No.FD.SR-1/3 .10/2004 dated 15.08.2017 alongwith other financial benefits. The respondent No.4 also issued an Obituary Notification on the sad demise of Saif Ullah Khan vide notification dated E-11/1309- 15/CEO (DHA) Bahawalpur dated 06.03.2021. The petitioner being widow of deceased employee approached the respondent No.5/District Accounts Officer, Bahawalpur for release of financial benefits but vide order dated 26.04.2022 the respondent No.5 turned down the request of the petitioner without any lawful justification. The validity and authenticity of abovementioned order i.e 26.04.2022 passed by respondent No.5 has been called in question through instant constitution petition.
3. Arguments heard. Record perused.
4. Perusal of record reveals that husband of the petitioner namely Saif Ullah was performing his duty as Junior Clerk (BS-11) at Rural Health Centre, Channigoth, Tehsil Ahmed Pur East District Bahawalpur who passed away on 06.04.2019 during service. Vide order dated 02.03.2021 the respondent No.4/ Chief Executive Officer, District Health Authority Bahawalpur allowed the petitioner being widow of deceased employee to draw the salary alongwith annual increases of pay till the date of superannuation of deceased employee Government Servant i.e 27.04.2026 as per Government of the Punjab, Finance Department Notification No.FD.SR-1/3 .10/2004 dated 15.08.2017 alongwith other financial benefits. The respondent No.4 also issued a Obituary Notification on the sad demise of Saif Ullah Khan vide notification dated E-11/1309- 15/CE0 (DHA)
Bahawalpur dated 06.03.2021. The main grievance of the petitioner is that she being the widow of deceased employee had applied for release of financial benefits of her deceased employee but the respondent No.5/ District Accounts Officer, Bahawalpur turned down her request on the ground that her deceased husband/ civil servant was a convicted offender in two criminal cases, therefore, the petitioner being the widow of the deceased civil servant is not entitled for grant of any financial benefits. From the record it reveals that two criminal cases were registered against Saif Ullah Khan Junior Clerk, deceased employee, who was convicted and sentenced to 10-years rigorous imprisonment alongwith fine of Rs. 25,000/- and Rs. 3,80,000/- by the learned trial court .
The judgment of the learned trial court was assailed by the convict/ deceased civil servant but he died on 06.04.2019 during the pendency of his appeal. The respondent No.5 admitted in the reply/comments that sentence of fine of Rs. 25,000/- and 3,80,000/- awarded to the deceased civil servant was set aside by this Court vide judgment dated 02.02.2021 and it was observed by this Court that corporal consequence of the conviction are abated due to the passing away of the deceased employee. Admittedly no departmental inquiry/ proceedings were pending against the deceased civil servant whereas fine awarded to him was set aside and the appeal of the deceased civil servant was abated to the extent of corporal punishment. The competent authority (respondent No.4) has already sanctioned the various financial claims in favour of the family of the deceased official. The respondent No.4 in his report dated 04.04.2022 has categorically stated that pension and gratuity is the asset of the deceased widow and children. The Department also issued the retirement notification in favour of the petitioner being the widow of the deceased employee for drawing pecuniary benefits as admissible under the rules. It is also evident from the record that respondents in the written reply/comments admitted that no loss of public exchequer or departmental inquiry is pending against the deceased civil servant. In the instant case the sentences of fine awarded to the deceased civil servant have already been set aside by this Court in the appeal where his appeal to the extent of corporal punishment has also been abated and no departmental inquiry is pending against him, therefore the question of affecting the property/assets of deceased official on account of sentence of fine does not arise. It has been held by this Court in the judgment dated 14.11.2022 passed in Criminal Appeal No.1164 of 2018 (Lahore High Court Multan Bench) that "when no conviction remains against the convicted accused, any benefit which otherwise is admissible under the law would be available to him even after his death.
Interest of legal heir for service benefits is not a direct interest in the sense that it cannot arise out of the decision of this Court even if it is in favour of the petitioner. The only interest which the legal heirs have is a contingent one and is not one which could flow directly out of the ultimate decision of this Case. Reliance is placed on case reported as "BONDADA GAJAPATHY RAO Vs. STAE OF ADHRA PRADESH" ( 1964 AIR 1645: 1964 SCR (7) 251). This principle seems more appropriate when no departmental proceedings are reported to be pending". The respondent No.5/ District Accounts Officer, Bahawalpur in his report/comments/impugned order has not pointed out that any departmental action has been taken against the deceased civil servant on the basis of his conviction in the case or any proceedings are pending in this respect. If no adverse final action at the Department level has been taken so far against the deceased official, the abatement of criminal appeal to the extent of a portion of sentence of an imprisonment cannot provide a ground to initiate it now because the death even stops the pending department inquiry. It has been held by this Court that any pending inquiry cannot be culminated into dismissal or removal of a civil servant after his death. Reliance in this regard is placed on the cases reported as "Regional Operation Chief National Bank of Pakistan, Human Resource Department, Regional Office, Sargodha and others Vs. Mst. Nusrat Perveen and others ( 2021 SCMR 702), Mst. S. Yasmin Vs Pakistan Railways through General Manager and others (2017 PLC (C.S) 1.), Mst. Shahnaz Bano Vs Chairman Wapda and 2-others (2017 PLC (C.S) 643) and Parveen Javaid Vs Chairman Wapda and 5-others ( 2011 PLC (C.S) 1527.
Under our constitutional scheme, abatement of proceedings on the death of a civil servant, in a case, where the cause of action carries a survivable interest will unduly deprive the decedent civil servant, as well as, his legal heirs of their constitutional rights to livelihood, property, dignity and fair trial. Fundamental right to life including right to livelihood ensures the security of the terms and conditions of service; fundamental right to property ensures security of the pecuniary and pensionary benefits attached to the service; fundamental right to dignity ensures that the reputation of the civil servant is not sullied or discredited through wrongful dismissal, termination or reversion etc. Fundamental rights under the Constitution do not only protect and safeguard a citizen but extend beyond his life and protect and safeguard his survivable interests by being equally available to his legal heirs. It is reiterated that other than pecuniary and pensionary benefits that inure to the benefit of the legal heirs, the right to restore one's reputation is also a survivable right and flows down to the legal heirs to pursue and take to its logical conclusion. Any slur on the reputation of a civil servant impinges on his human dignity and weights equally on the dignity and honour of his family. The case of the petitioner has rationally been dealt with by the competent authority (Chief Executive Officer, District Health Authority, Bahawalpur) and decided the matter in favour of the petitioner in accordance with law after taking into consideration all the material available on record.
5. For what has been discussed above, instant petition is accepted and impugned order dated 26.04.2022 passed by respondent No.5/ District Accounts Officer Bahawalpur is set aside.
Respondent No.5 is directed to release all financial benefits of deceased civil servant in favour of the petitioner being widow of deceased servant in the light of letter dated 02.03.2021 issued by the competent authority/ Chief Executive Officer District Health Authority Bahawalpur.