THE HIGH COURT OF SINDH AT KARACHI

C.P.No.D-2639 of 2023

Present: Mr. Justice Naimatullah Phulpoto

Justice Mrs. Kausar Sultana Hussain

Petitioner : Javaid Masih through Ch. Abdul Sattar Abid advocate

Respondents : Mr. Hakim Ali Shaikh Addl. A.G

Mr. Muhammad Altaf advocate for KMC

Date of Hearing : 30.08.2023

Date of Judgment : 30.08.2023

JUDGMENT

NAIMATULLAH PHULPOTO, J.- Through this Constitution Petition filed under Article 199 of the Constitution of Pakistan, 1973, against the respondents, the petitioner has prayed for the following reliefs:

a. It is most respectfully prayed on behalf of the above named petitioner that this Honourable Court may be pleased to pass an order to all the above named respondents for payment of remaining legal dues/ benefits, Gratuity, provident fund, insurance amount and arrears of pension amount W.E.F 10/11/2018 to 31/10/2020 @ Rs. 19,361.89 per month total accumulated amount Rs.1,006,818.28 along with 30% of mark up of bank rate may be allowed on the pension amount as well as of other legal dues and services benefits according to the service rule and Regulation.

b. That the above named petitioner is also entitled to claim his aggrieved period more than four year @ approximately Rs. 28,000/- per month in the shape of monthly salary from the date of retirement dated 10/11/2018 till to disposal of this case.

c. Any other equitable relief which this honorable court may deem fit & proper may also be granted.

2. Notices were issued against the respondents as well as A.G. Parawise comments are filed by the respondent No.1 Secretary Health Department.

3. Counsel for the petitioner submits that petitioner Javaid Masih was serving as sanitary worker in BS-02 in DMC(s) and retired from KMC on attaining the age of superannuation. It is submitted that arrears of the petitioner are still due against the respondents and the respondents No.3 and 4 are responsible.

4. Mr. Muhammad Altaf advocate appearing on behalf of the KMC submits that petitioner has retired from DMC South. However, it is not disputed that there are some arrears of the petitioner to be paid by the respondents. It appears that Apex Court in the case of Haji Muhammad Ismail Memon advocate, complainant (PLD 2007 SC 35) has held that:

“7. It is pathetic condition that Government servants, after having served for a considerable long period during which they give their blood and sweat to the department had to die in a miserable condition on account of non-payment of pension/pensionary benefits etc. The responsibility, of course, can be fixed upon the persons who were directly responsible for the same but at the same time we are of the opinion that it is an overall problem mostly in every department, where public functionaries failed to play their due role even in accordance with law. Resultantly, good governance is suffering badly. Thus everyone who is responsible in any manner in delaying the case of such retired officers/official or widows or orphan children for the recovery of pension/gratuity and G.P. Fund has to be penalized. As their such lethargic action is in violation of Articles 9 and 14 of the Constitution of Islamic Republic of Pakistan, 1973. Admittedly, it is against the dignity of a human being that he has to die in miserable condition and for about three years no action has been taken by the concerned quarters in finalizing the pension case and now when the matter came up before the Court, for the first time, they are moving in different directions just to show their efficiency and to clear their position before the Court. Such conduct on their behalf is highly condemnable and cannot be encouraged in any manner.”

5. In view of above and while relying upon above cited authority, we hold that petitioner is entitled for arrears and respondents No.3 and 4 are responsible to pay arrears to petitioner. Resultantly, petition is disposed of with direction to the respondents No.3 and 4 to pay arrears to the petitioner within 15 days under intimation to this Court through MIT-II of this Court.

JUDGE

JUDGE