THE HIGH COURT OF SINDH AT KARACHI
Present: Mr. Justice Naimatullah Phulpoto
Mr. Justice Shamsuddin Abbasi
C.P.No.D- 4696 of
2022
Petitioner Irshad Mashid
Respondents Province of Sindh and
others
C.P.No.D- 4947 of
2022
Petitioner Jawaid Masih
Respondents Province of Sindh and
others
C.P.No.D- 7745 of
2022
Petitioner Mst. Kiran
Respondents Province of Sindh and
others
C.P.No.D- 7746 of
2022
Petitioner Mst. Seema Bibi
Respondents Province of Sindh and
others
C.P.No.D- 7747 of
2022
Petitioner Mst. Seema Bibi
Respondents Province of Sindh and
others
C.P.No.D- 7748 of
2022
Petitioner Saleem Masih
Respondents Province of Sindh and
others
C.P.No.D- 7749 of
2022
Petitioner Nasreen Bibi
Respondents Province of Sindh and
others
C.P.No.D- 7750 of
2022
Petitioner Fazeelat Bibi Masih
Respondents Province of Sindh and
others
C.P.No.D- 7751 of
2022
Petitioner Samina
Respondents Province of Sindh and
others
C.P.No.D- 7752 of
2022
Petitioner Mansha Masih
Respondents Province of Sindh and
others
C.P.No.D- 7753 of
2022
Petitioner Shabana Masih
Respondents Province of Sindh and
others
C.P.No.D- 7754 of
2022
Petitioner Riasat Masih
Respondents Province of Sindh and
others
C.P.No.D- 7755 of
2022
Petitioner Hameed Masih
Respondents Province of Sindh and
others
C.P.No.D- 6991 of
2022
Petitioner Mst. Zarina
Respondents Province of Sindh and
others
C.P.No.D- 1324 of
2023
Petitioner Patras Masih
Respondents Province of Sindh and
others
C.P.No.D- 1323 of
2023
Petitioner Javed Masih
Respondents Province of Sindh and
others
C.P.No.D- 3435 of
2022
Petitioner Aijaz Muhammad
Respondents Province of Sindh and
others
C.P.No.D- 7429 of
2022
Petitioner Anwer
Respondents Province of Sindh and
others
C.P.No.D- 411 of
2023
Petitioner Irshad Ahmed
Respondents Province of Sindh and
others
C.P.No.D- 412 of
2023
Petitioner Mst. Kiran
Respondents Province of Sindh and
others
C.P.No.D- 413 of
2023
Petitioner Mst. Kousar
Respondents Province of Sindh and
others
C.P.No.D- 414 of
2023
Petitioner Rakhi
Respondents Province of Sindh and
others
C.P.No.D- 415 of
2023
Petitioner Naina Arzoo
Respondents Province of Sindh and
others
C.P.No.D- 416 of
2023
Petitioner Robina Bibi
Respondents Province of Sindh and
others
C.P.No.D- 417 of
2023
Petitioner Inayat Masih
Respondents Province of Sindh and
others
C.P.No.D- 7629 of
2022
Petitioner Mst. Mai Farhat
Khatoon
Respondents Province of Sindh and
others
Petitioner : Mr.
advocate
Respondents :
Date of Hearing : 09.05.2023
Date of Judgment : 09.05.2023
JUDGMENT
NAIMATULLAH
PHULPOTO, J.- By this common judgment, we intend to
decide the captioned petitions as common question of law and facts is involved
in the petitions. The main grievance of the petitioners is that they have been
deprived of pensionary benefits by the respondents/ KMC/DMCs. Counsel appearing
for the KMC/DMCs are shifting burden of the payment of pensionary benefits from
one to another. Neither KMC nor DMCs take the responsibility to pay the
pensionary benefits to the petitioners. Resultantly, petitioners have been
deprived of pensionary benefits.
2. On the last date of hearing, Secretary
Local Government, who is administrative head of Municipal Corporations was
directed to appear before this Court and file his specific reply mentioning
therein about the responsibility of KMC or DMCs to pay the pensionary benefits
to the petitioners. Secretary Local Government appeared before this Court, he
could not satisfy the Court whether pensionary dues of the petitioners shall be
paid by the KMC or DMCs. This court cannot grant further time to the
respondents to add miseries of petitioners.
3. We have heard learned counsel for the
parties and perused the judgment passed by Supreme Court in the case of Haji
Muhammad Ismail Memon advocate, complainant (PLD 2007 SC 35),
in which it is held as under:
“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.”
4. In view of above and while relying upon
above cited authority, captioned Constitution Petitions are disposed of in the following
terms:
(i)
Secretary
Local Government Sindh shall determine the responsibility of KMC/DMCs in each.
(ii)
Secretary
Local Government shall ensure that pensionary benefits are paid by concerned
DMC or KMC to concerned petitioners, if due as per rules.
(iii)
Chief
Secretary Sindh shall ensure compliance of the Court order.
5. Compliance report shall be submitted to
this court after one month. In case of non-compliance, Secretary Local
Government shall appear before this Court for facing consequences as provided
by law. Copy of the judgment shall be sent to the Chief Secretary, Government
of Sindh with direction to ensure strict compliance of the Court order.
JUDGE
JUDGE