Aslam Shakoor (Petitioner) VS Province of Sindh & Others (Respondent)

ORDER SHEET

IN THE HIGH COURT OF SINDH, KARACHI

Constitutional Petition No. D-5783 of 2023 (Adam Shakoor v Province of Sindh & others) Constitutional Petition No. D- 5681 of 2023 (Nayyar Iqbal v Province of Sindh & others)

Date Order with signature of Judge

Before:

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

Date of hearing and order:-12.3.2026

Mr. Ghulam Shabbir Pathan advocate for the Petitioners in both petitions Mr. Abdul Jalil Zubedi, Assistant AG Mr. Naseer Ahmed advocate and Ms. Rehmat-un-Nisa advocate for the Respondent/KDA

ORDER

Adnan-ul-Karim Memon, J We have heard the learned counsel for the parties and perused the material available on record.

2.Learned counsel for the petitioners submitted that both petitioners served the respondent–Karachi Development Authority (KDA) for a long period with unblemished service records and retired from service on attaining the age of superannuation. It was contended that despite issuance of retirement orders and processing of their pension cases, the respondents have failed to release their lawful pensionary benefits including gratuity, commutation, normal fund, final fund and monthly pension. Learned counsel argued that the petitioners have repeatedly approached the concerned authorities for clearance of their post- retirement dues, but no effective response has been received, causing them serious financial hardship, particularly in view of their deteriorating health conditions. It was further contended that pensionary benefits are not a bounty but a vested statutory right of a retired employee, and the failure of the respondents to release the same amounts to violation of settled principles of service jurisprudence.

3.Conversely, learned counsel appearing on behalf of the respondent KDA submitted that the Authority is presently facing serious financial constraints since its revival in the year 2016, due to which it has become difficult to clear all outstanding dues in a single installment. He, however, assured the Court that the respondent Authority is making efforts to generate funds, including through disposal and recovery of certain commercial properties, and that the pending post- retirement dues of the petitioners would be released within a reasonable time. Relevant correspondence in this regard has also been placed on record.

4.Having considered the submissions of the learned counsel for the parties, it appears that the petitioners have admittedly retired from service and their entitlement to pensionary benefits is not in dispute. It is also an admitted position that despite earlier directions of this Court, the respondents have neither released the outstanding pensionary dues nor submitted a satisfactory compliance report. The plea of financial constraints taken by the respondents cannot constitute a lawful justification to withhold pensionary benefits, as pension is now recognized as a vested and enforceable right accruing to a retired employee upon completion of qualifying service.

5.The Supreme Court of Pakistan in Muhammad Ismail Memon has categorically held that pensionary benefits are a statutory right and cannot be denied on administrative or financial grounds. The said principle has been reaffirmed in Muhammad Yousuf v. Province of Sindh, Pervaiz Hussain Shah v. Government of Sindh, and Ghulam Sarwar Chang v. Province of Sindh, wherein it has consistently been held that delay in payment of pension and post-retirement dues amounts to violation of the lawful rights of retired employees.

6.Nevertheless, by way of last indulgence, the respondents are granted a further period of two (02) months to ensure release and payment of all outstanding pensionary and post-retirement benefits of the petitioners strictly in accordance with law. In case of failure, the petitioners shall be at liberty to initiate appropriate contempt proceedings against the responsible officers in accordance with law.

7.Accordingly, these petitions, along with all pending applications, stand disposed of in terms of a common order dated 18.2.2026 passed in C.P. No. D- 815 of 2023 and other connected petitions.

Office to place a copy of this order in the connected matter.

JUDGE

JUDGE

Shafi