Supreme Court pension rights took centre stage as the top court struck down a Sindh government circular that denied pension to a daughter who was divorced after her pensioner father’s death.
The court dismissed the provincial government’s appeal and held that the circular was unconstitutional and had no legal effect.
Authored by Justice Ayesha Malik, the 10‑page judgment said the circular imposed restrictions not supported by the Act or the Rules.
The timing of the pensioner’s death cannot be used to extinguish a surviving daughter’s right to claim pension.
A division bench led by Justice Muhammad Ali Mazhar underscored that timely pension payment is a constitutional obligation, not just an administrative step.
Pension rights: ending bias tied to marital status
The judgment criticised the policy approach that makes a daughter’s pension admissibility depend on her marital status.
It noted that this dependency model reflects a systematic bias that treats women as dependents whose financial support shifts from parent to spouse.
Such assumptions ignore that women are autonomous persons who may be financially independent, and that married women can also face hardship.
The court observed that the model rests on a flawed belief that unmarried or divorced women are financially dependent while married women are secure.
It fails to recognise the lived realities of women and the economic pressures many face.
Dependency is not a measure of financial stability. It is an assumption that can deny rightful entitlements.
By declaring the circular void ab initio, the court reaffirmed that pension rights flow from law.
Administrative directions cannot override statutory protections. Where rules recognise a surviving daughter’s entitlement, officials must process claims without inserting extra conditions.
The ruling also sends a wider message to departments across the country. Pension schemes must be implemented in a way that is fair, gender aware, and in line with constitutional guarantees.
Read more: Pakistani dramas should go global through Netflix, says Ahsan Iqbal
