Siddiq Masih (Petitioner) VS Province of Sindh & others (Respondent)

ORDER SHEET

IN THE HIGH COURT OF SINDH AT KARACHI

C.P. No. D-4349 of 2025 [Saddiq Masih V. Province of Sindh and others]

Date Order with signature of Judge(s)

Before:

Mr. Justice Adnan-ul-Karim Memon Mr. Justice Zulfiqar Ali Sangi

Date of hearing and Order: 04.03.2026

None present for the petitioner.

Mr. Asad Ahmed, Advocate for the Respondent/KMC.

ORDER

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

i)Call comments from the respondents;

ii)TO DIRECT the respondent no 2 to 5 to issue his monthly pension and also release all his back benefits of the petitioner as per law.

iii)Award cost.

iv)Any other relief or relief(s) which this Honourable Court may deem fit and proper under the circumstances of the Petition.

2.The petitioner, who retired as a Sanitary Worker (BPS-02) from the Karachi Metropolitan Corporation (KMC), approached Respondents No. 2 to 5 for the release of his pension and other retirement benefits. Despite submitting all required documents since 2018, the respondents delayed processing his pension and did not transferred the monthly pension, causing financial hardship for the petitioner and his family. The petitioner averred in his memo of petition that these actions violate his fundamental rights under the Constitution, including the principles of natural justice and due process. The petitioner prayed that the Court direct the respondents to release the petitioner’s monthly pension and back benefits and award costs.

3.Respondent KMC, through its counsel, submitted that the petitioner is entitled to a pension as a statutory right. The counsel submitted that finalization of the pension and monthly pension had been acknowledged, but disbursement was delayed due to the municipal body's financial difficulties.

4.In light of prior decisions, including C.P. No. D-4251 of 2025, this Court observed that a pension is a proprietary right and must be released promptly.

5.The KMC counsel assured the Court that the outstanding pensionary benefits would be released within one week, subject to his entitlement under the law.

6.With the respondents’ counsel consenting to disposal on this basis, this Court, without touching the merits of the case, directs the competent authority to ensure payment subject to his entitlement under the law, allowing the petitioner to seek legal remedies in case of default.

JUDGE

JUDGE

Ayaz Gul