Muhammad Zahir & Ors (Petitioner) VS Province of Sindh & Others (Respondent)

ORDER SHEET

IN THE HIGH COURT OF SINDH AT KARACHI

C.P. No.D-3419 of 2023 (Muhammad Zahir & others v Province of Sindh & others)

Date Order with signature of Judge Before:

Mr. Justice Adnan-ul-Karim Memon Mr. Justice Muhammad Hasan Akbar

Date of hearing and Order: 19.05.2026

Mr. Imtiaz Ali, advocate for petitioners Mr. Asad Ahmed, advocate for KMC Mr. Abdul Jalil Zubedi, AAG

ORDER

Adnan-ul-Karim Memon, J. – The petitioners have filed the instant Constitutional Petition under Article 199 of the Constitution of the Islamic Republic of Pakistan, 1973, seeking a declaration of their entitlement to back benefits, gratuity, and other service dues, along with issuance of pension books in favour of Petitioner No.2 and Petitioner No.3, and release of all outstanding retirement benefits. They have further prayed for any other appropriate relief deemed just and proper in the circumstances.

2.It is the case of the petitioners that they were employed as Sanitary Workers in the Solid Waste Municipal Corporation, Karachi, and retired from service in 2019.

3.Learned counsel for KMC has submitted that the petitioners are already in receipt of a monthly pension and that most of their provident fund amounts have been transferred into their bank accounts. It is further stated that out of the total pension/gratuity claims amounting to Rs. 7,187,347/-, an amount of Rs. 5,394,462/- has already been paid, while the remaining Rs. 1,792,885/- is lying with the Finance Department of KMC and will be released within four weeks. It is also noted that substantial funds accumulated since 2018–2019 are available for disbursement.

4.In view of the above factual position, it is evident that the petitioners’ grievance substantially stands addressed, as they are already receiving monthly pension and a major portion of their gratuity and provident fund dues has admittedly been paid. The remaining amount, which is a quantified and admitted liability of Rs. 1,792,885/-, is stated to be available with the Finance Department of KMC and is slated for release within a definite timeframe.

5.Since the liability of the respondent is not disputed and only the disbursement of the remaining admitted amount is pending, no further adjudication on merits is required from this Court. The matter essentially pertains to execution and timely release of already acknowledged service benefits, which the respondent department is under a legal obligation to disburse without unnecessary delay.

6.Accordingly, in order to ensure expeditious final settlement of the petitioners’ lawful dues and to avoid any further prejudice to them, the respondent is directed to release the remaining amount within the stipulated period as assured. Failure to comply shall render the petitioners at liberty to seek appropriate legal remedy in accordance with law.

7.The petition along with pending application(s) is, therefore, disposed of in the above terms.

JUDGE

JUDGE

Shafi