Said Alam (Petitioner) VS Province of Sindh & others (Respondent)

ORDER SHEET

IN THE HIGH COURT OF SINDH, KARACHI.

C.P.No.D-1290 of 2026 (Iqbal Rehmat v Province of Sindh & others)

Date Order with signature of Judge Before:- Mr. Justice Adnan-ul-Kari Memon Mr. Justice Zulfiqar Ali Sangi Date of hearing and order:- 12.05.2026 Mr. Shahid Hussain, Advocate for the Petitioner.

Mr. Muhammad Ibrahim Soomro, Advocate for TMC Landhi.

Barrister Asad Ahmed advocate for Respondent No.2/KMC.

ORDER

Adnan-ul-Kari Memon, J Petitioner Iqbal Rehmat son of Rehmat Masih has filed this Constitutional Petition under Article 199 of the Constitution of the Islamic Republic of Pakistan, 1973, seeking a declaration that he is entitled to receive his post-retirement benefits, including gratuity and other pensionary dues, and for a direction to the respondents to release the same without further delay.

2.It is the case of the petitioner that he was initially appointed in 1991 in BPS-02 in the Solid Waste Department, TMC Landhi, District Malir, Karachi, and subsequently retired from service on 30.06.2023. Since his retirement, despite lapse of considerable time, his pensionary benefits have not been released, compelling him to approach this Court.

3.Learned counsel for the petitioner contends that the respondents, being a statutory body, are under a legal and constitutional obligation to release lawful retirement benefits, and such denial amounts to violation of the petitioner’s fundamental rights. He prayed to allow this petition.

4.On the other hand, learned counsel appearing on behalf of KMC has submitted that the pension case of the petitioner has already been processed and finalized for an amount of Rs. 16,51,802/-. It is further stated that although the petitioner retired from service, his pension case was received on 15.01.2026 and finalized on 06.04.2026. It is further acknowledged that the pension commutation amount is payable, however, it has been pointed out that KMC is presently facing acute financial constraints and a substantial pensionary liability exceeding Rs. 9.550 billion has accumulated since 2018/19. He seeks disposal of the instant petition in that terms.

5.In view of the statement made by the representative of KMC regarding finalization and readiness to release the admitted amount of pensionary benefits,

learned counsel for the petitioner does not press the petition further and seeks its disposal in terms of the said statement.

6.Accordingly, without touching the merits of the case and with consent of the parties, the petition along with pending application(s) stands disposed of in the above terms.

JUDGE

JUDGE

JAMIL