Mst. Samina Naz (Petitioner) VS Province of Sindh & Others (Respondent)

ORDER SHEET

THE HIGH COURT OF SINDH KARACHI

C.P. No. D – 2194 of 2023 [Mst. Samina Naz versus POS and others]

DATE ORDER WITH SIGNATURE OF JUDGE(S)

Before:- Mr. Justice Adnan-ul-Karim Memon Mr. Justice Muhammad Hasan (Akber)

Date of hearing and order:-18-05-2026

Mr. Imran Munawar Mahar, Advocate for the Petitioner.

Mr. Abdul Jalil Zubedi, AAG Sindh along with Ali Zafar Memon, DC West and Mohsin Ali Soomro, Addl. AG Sindh, who is present in the Court.

ORDER

Justice Adnan-ul-Karim Memon, J Petitioner has filed this Constitutional Petition under Article 199 of the Constitution of the Islamic Republic of Pakistan, 1973, seeking following relief: -

(a)To direct the respondent No.4 to grant/issue pension to the petition in accordance with law;

(b)To direct the defendant Nos. 2,3 & 6 to complete all documents requirement of pension G.P. Funds, B.W funds group Insurance & financial Assistance of petition;

(c)Any other relief which this court may deem proper and appropriate in the circumstances.

2.The petitioner is the widow of the late Mr. Amir Mughal, who was serving as a Junior Clerk in the Board of Revenue, Government of Sindh, and was deputed at the Gulshan-e-Iqbal office. He used to draw his salary from the said office, as reflected in the attached salary slip. It is stated that on 27.12.2013, the petitioner’s husband was allegedly kidnapped at night. Despite extensive efforts by the petitioner and her family to trace him, no information could be obtained. Consequently, FIR No. 848/2013 was registered at P.S. Shahra-e-Faisal regarding his disappearance. Later, in 2016, the petitioner was informed that her husband had been murdered, and a death certificate along with relevant documents was issued and placed on record. The deceased left behind his legal heirs, including the petitioner and her children, namely Ms. Samina Naz (widow), Ms. Rida Mughal (daughter), and Mr. Abdul Jabbar (son). The heirship certificate has been annexed accordingly. It is further the case of the petitioner that she approached the concerned respondents through applications and legal notice for the grant of pensionary benefits; however, no response was received. Being a helpless widow

C.P. No. D – 5364 of 2025

with no source of income, she is facing severe financial hardship and mental distress, leaving her with no option but to approach this Court.

3.Learned AAG has submitted that in compliance with the directions of this Hon’ble Court, the Office of the Deputy Commissioner, Karachi West, has processed the case after obtaining the necessary documents and thumb impression of the petitioner. It is further stated that all required steps for the release of pensionary benefits have been completed in accordance with the law, and a compliance report has been submitted. In view of the above compliance, it is prayed that the Show Cause Notice may graciously be vacated.

4.On the last date of hearing, the Deputy Commissioner, West, was directed to process and ensure the release of pensionary benefits of the petitioner, subject to her entitlement under law. He was further directed to obtain all requisite documents from the concerned offices, coordinate with the Accountant General, and ensure that admissible pension is released within two weeks and, where necessary, deposited with the Nazir of this Court.

5.Today, the officers present in Court have undertaken that the petitioner’s pensionary benefits shall be processed and credited into her account within a period of two weeks. It has further been assured that all formalities, including coordination with the relevant departments, shall be completed without delay.

6.In case of non-compliance within the stipulated time, the consequences already provided in the order dated 11.05.2026 shall follow in accordance with law.

7.In view of the above undertaking and assurance of compliance, nothing further survives in the matter. Accordingly, the petition stands along with pending application(s) disposed of in the above terms.

JUDGE

JUDGE

SHABAN*