The Lahore High Court while allowing petition of Dr Zahra Hassan widow of Dr Sibt-e-Hassan, ex-senior Demonstrator Pharmacology Department, Punjab Medical College, Faisalabad, directed the government to make payment of financial assistance to the petitioner within fortnight.
The petitioner had sought directions to the respondents for grant of financial benefits including payment of four months salary in pursuance of Finance Department's letter issued on July 01, 2002 and sanction of financial assistance to the tune of Rs 800,000 in pursuance of Finance Department's letter issued on November 10, 2004 in addition to other benefits admissible under the rules.
Dr Sibt-e-Hassan, died on August 29, 2004. The Secretary Health, on April 23, 2005 accorded sanction to the grant of 180 days leave encashment in respect of Dr Sibt-e-Hassan under Revised Leave Rules, 1981. The petitioner being widow of Dr Sibte moved an application for grant of financial benefits in terms of Finance Department's letters issued on July 01, 2002 and November 10, 2004. The Health Department, however rejected application as Dr Sibt-e-Hassan was died on September 28, 2004 while notification in question was issued on November 10, 2004.
In these circumstances, the petitioner relying upon the precedent of a order whereby widow of Dr Altaf Hssain, was granted financial assistance and secondly, through proper channel filed an application for grant of financial benefit but all in vain. The petitioner, therefore, approached the court against the department.
The Health Department, with regard to financial benefit under notification, 2004 stated that the same was available to family members of a civil servant who died on or after November 10, 2004. And also explained that case of Dr Altaf Hussain was distinguishable as he during service suffered Neuro disease and due to which his case for invalidation was in pipeline, in the meantime he died and, therefore, the case being already in process was sent to Chief Minister for approval for grant of financial assistance and accordingly it was sanctioned.
The court however had directed the department to submit the case of the petitioner before the Chief Minister in line with the case of Dr Altaf Hussain because the petitioner's grievance seemed to be justified The respondent department did not comply with the court order and resultantly the petitioner filed contempt petition. The counsel for the petitioner submitted that although the Health Department has sanctioned the financial benefits yet the payment has not so far been made. The law officer canvassed that notification, 2004 cannot be applied retrospectively as husband of the petitioner had died before issuance of above said notification.
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