ORDER SHEET

IN THE HIGH COURT OF SINDH,

CIRCUIT COURT, HYDERABAD.

C.P No.D- 1659 of 2014

DATE             ORDER WITH SIGNATURE OF JUDGE

                                    For Katcha Peshi                                                                                     

21.04.2015.

Miss Rahmat Latif Qureshi advocate for the petitioner.

Mr. Sher Muhammad Laghari State Counsel.

Ghulam Mustafa Shaikh, CMO Qasimabad, Agha Imran, Accounts Officer Municipal Committee Qasimabad and Abdul Rasheed Municipal Engineer.

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            The petitioner has prayed that the respondents be directed to pay the pension and other service benefits of the petitioner’s late father Mushtaque Masih who expired on 26.11.2013. The list of legal heirs is mentioned in Paragraph-3 of the petition.

Learned counsel for the petitioner argued that all the legal heirs have already executed Special Power of Attorney in favour of petitioner who is authorized to receive the amount of pension, gratuity and group insurance etc. Agha Imran, Accounts Officer, Municipal Committee Qasimabad informed the Court that monthly pension amounting to Rs12430/- is being paid regularly. The learned counsel for the petitioner admits that this amount is being paid. So far as the amount of arrears of monthly pension is concerned, the officers present in court informed that a sum of Rs.131265/- is payable besides that a sum of Rs.200,000/- is payable against the financial assistance and a sum of RS.3,20,497/- is also payable against gratuity of deceased. So far as the group insurance is concerned, the Accounts Officer present in court submits that they have already forwarded the case to the State Life Insurance Corporation for the approval and grant. He submits that due to financial constraint they could not pay the amount earlier, however, they undertake to pay the aforesaid amounts in six monthly installments. The counsel for the petitioner is satisfied. Though one of the legal heirs Faisal is authorized by other legal heirs to receive the aforesaid amount but in order to safeguard the interest of all the legal heirs the Chief Municipal Officer present in court is directed to call all the legal heirs in person for the purpose of verification and thereafter the aforesaid amounts shall be released.     

Petition stands disposed of in the above terms.

                                                                                      JUDGE            

                                                                        JUDGE

Ali Haider/P.A