Dr. Ashfaq Ali (Petitioner) VS Province of Sindh & Others (Respondent)

ORDER SHEET

THE HIGH COURT OF SINDH KARACHI

C.P. No. D – 4122 of 2023 [Dr. Ashfaq Ali v. Province of Sindh & others]

DATE ORDER WITH SIGNATURE OF JUDGE(S)

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

For hearing of Main Case.

Mr. Imtiaz Ali, Advocate for the Petitioner.

Barrister Asad Ahmed, Advocate for the KMC.

Petitioner, Dr. Ashfaq Ali, has filed this Constitutional Petition under Article 199 of the Constitution of Islamic Republic of Pakistan, 1973 seeking following relief(s):

“a. To declare that the petitioners are legally and lawfully entitled for recovery of gratuity etc from the respondents and the respondents are bound act under the framework provided in 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.

c. Any other relief or relief which this Hon'ble court may deem fit and proper under the circumstances of this petition.”

2.The Petitioner, who was appointed as Director in 1989 and retired in 2020, has not yet received full pensionary benefits.

3.Learned counsel for KMC stated that the pension case, received on 05-01- 2021, pertains to the Petitioner's service as Deputy Director BS-18, Literacy Department, KMC. However, he added that the total pension claimed is Rs. 4,519,622/-, with the monthly pension already being paid by HBL Branch. He submitted that the remaining pension commutation of Rs. 1,085,793/- is to be paid within two weeks.

4.The Petitioner’s counsel agreed to dispose of the petition on this basis.

5.By consent of the parties, this petition is disposed of accordingly, along with pending applications.

JUDGE

JUDGE

SHABAN*