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

ORDER SHEET

IN THE HIGH COURT OF SINDH, KARACHI

Constitutional Petition No. D-691 of 2023 (Mst. Razia versus Province of Sindh & others)

Date Order with signature of Judge

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

For hearing of main case

Mr. Imtiaz Ali advocate for the petitioner Mr. Abdul Jalil Zubedi, Assistant AG Mr. Asad Ahmed advocate for the respondent / KMC

ORDER

Adnan-ul-Karim Memon, J. – Mst. Razia has filed this Constitutional Petition under Article 199 of the Constitution of the Islamic Republic of Pakistan, 1973, seeking following reliefs:- a. To declare that the petitioner is legally and lawfully entitled for recovery of Pension/Gratuity etc. from the respondents and the respondents are bound to act under the framework provided in the Constitution of Pakistan and to obey the law being the statutory body incorporated under the provincial government.

b. To direct the respondents to release of pension/Gratuity etc. forthwith without committing any further delay as the respondents being statutory body is bound to act in accordance with law and recovery of dues is the fundamental right of the petitioner and respondent is bound under principle policy to do so.

2.Learned counsel for the petitioner submits that the pensionary benefits of the deceased have not yet been paid to the petitioner, therefore, she is facing hardships and prayed for allowing the petition.

3.Learned counsel for the respondent / KMC has filed a statement alongwith letter dated 26.2.2026, which is taken on record. An excerpt of the letter is reproduced as under: - “It is respectfully submitted that the Petitioner Mst. Razia wd/o Khalid Masih Ex-Sanitary Worker (BPS-02), Sanitation Deportment, Town District Municipal Corporation (Korangi) has been retired form service on 15/05/2022 The pension claim of Petitioner has received in Welfare Department KMC vide Inward No.60902 dated; 11/08/2025 (after lapse of 3 years).

Kind attention is invited to the directive issued by the Honorable High Court of Sindh dated 12/3/2025 against CP No. D-3393/2023 which has reproduced as below;

"In order to facilitate the KMC which has undertaken the obligation to pay the pension along with arrears of the petitioners and other employees of TMCs for the next two years, the Secretary Sindh Local Government is directed to contract each TMCs and ask them to provide a list of all the employees who have already retired with due pension of each month and the number of persons who will retire within the next two years of the date of this order with their date of retirement and

expected amount of pension so that the Mayor, KMC can make appropriate and timely arrangements. Mayor within one month of the date of this order."

In compliance to the above directives, the pension claim of Petitioner has processed and duly pre-audited by the ADLFA, KMC for amounting to Rs;1,586,668/- "The petitioner is drawing monthly pension from HBL Branch regularly".

Kind attention is also invited to para 12 of the order dated 03.07.2025, wherein the Finance Department, Government of Sindh was directed to provide any shortfall which KMC may have in paying those entitled to pensions within two (02) months of the date of request from the Mayor, KMC Karachi for the funds which he requires for disbursing such pensions.

The Municipal Commissioner KMC Karachi vide letter No.PS/MC/KMC/2026/10 dated 12/01/2026, addressed to the Additional Chief Secretary Sindh has requested for the Special Grant- in Aid Rs.6,964.183 Million for disbursement of pensioner dues to 2701 retired employees of all Town Municipal Corporation (25 Nos.) However, no funds have been released by the Provincial Government to KMC till todate. As soon as the funds releases by the Provincial Government, the above claims will be settled accordingly.”

4.Learned counsel submits that the petitioner is drawing regular monthly pension, however, the outstanding amount shall be paid within two weeks. The request of the learned counsel seems to be reasonable and acceded to.

In view of above statement, this petition stands disposed of alongwith pending application(s), if any.

JUDGE

JUDGE

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