ORDER SHEET

IN THE HIGH COURT OF SINDH,

CIRCUIT COURT, HYDERABAD.

C.P No.D- 1028 of 2013

DATE             ORDER WITH SIGNATURE OF JUDGE

For Katcha Peshi

12.03.2015.

 Mr. Mehmood Qadir Khokhar, Advocate for petitioner.

Mr. Sher Muhammad Laghari, State Counsel.

Mr. Ayaz Ali Rajpar advocate for respondents.

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            The petitioner is widow of Younus Masih who died on 07.11.2012. Her husband was performing his duties in Local Government Department, T.M.A Qasimabad, Hyderabad.

            Despite various approaches, the respondents have failed to finalize the payment of gratuity and pension amount, however, as part payment some amount was released to the petitioner but still the amount of pension and gratuity has not been paid. The Chief Municipal Officer, Municipal Committee Qasimabad has filed the comments in which it is admitted that the husband of the petitioner was employee of T.M.A Qasimabad as Sanitary Worker and died during service on 07.11.2012. It is further stated that the sum of Rs.51,840/-was paid through cross cheque and sum of Rs.200,000/- was paid as financial assistance to the petitioner. However, in paragraphs- 5 & 6 for the purposes of monthly pension and the gratuity it is stated as under:-

“5. That so far the case of grant of monthly pension in favour of the petitioner is concerned, the same has been processed and the pension from the date of death i.e. 8.11.2012 to 30.09.2013 has been sanctioned which has been calculated as Rs.88,485/-, which will be paid to the petitioner within one month.

6. That the amount of gratuity in connection with late employee i.e. Rs.3,57,438/- has been finalized and the amount will be paid to the petitioner within two months.”

            In paragraph-8 of the comments it is further stated that some time may be granted to make payment and the petition may be disposed of. So far as the group insurance is concerned, it is stated in paragraph-9 that the correspondence has been initiated with the State Life Insurance Corporation for grant of group insurance which will be finalized soon. It is quite astonishing that these comments were submitted on 05.12.2013 in which two months’ time was sought but despite lapse of fifteen (15) months’ time still this amount is unpaid. This is worst example of negligence and recklessness of the official respondents that they are treating a widow and other legal heirs of deceased in such a ruthless manner and their lawful dues have been withheld without any lawful justification and reason and they have been compelled to approach this court for obtaining their legitimate right.

            As a result of above discussion, this petition is disposed of with directions to the respondents to ensure the payment of monthly pension and gratuity as well as the group insurance within one month positively and submit compliance report through Additional Registrar of this court. In case of failure, the matter will be fixed in court immediately for initiating contempt proceedings against respondents.

            Copies of this order may be transmitted to the respondents as well as Secretary, Local Government, Government of Sindh, and Secretary, Local Government Board, Government of Sindh for ensuring compliance.       

JUDGE

                                                            JUDGE

Ali Haider/P.A