ORDER SHEET

IN THE HIGH COURT OF SINDH,

CIRCUIT COURT, HYDERABAD.

C.P No.D- 84 of 2015

DATE             ORDER WITH SIGNATURE OF JUDGE

                        1. For orders on office objection

                        2. For Katcha Peshi

                        3. For hearing on M.A 496/2015                                                                                 

10.04.2015.

Mr. Ghulam Shabbir Shar advocate for petitioners along with petitioners No.1 and 3.

Mr. Allah Bachayo Soomro, Additional A.G.

Mr. Kamaluddin advocate for respondents-University along with Mr. Ghulam Muhammad Bhutto, Registrar University of Sindh Jamshoro.  

                                                                        =

            The petitioner No.1 has claimed the full and final settlement dues of her deceased husband Shabbir Alam Abro who was employed in the University of Sindh Jamshoro.

            Mr. Kamaluddin has filed Vakalatnama and also called the Registrar of the University of Sindh Mr. Ghulam Muhammad Bhutto. The Registrar has also submitted a letter dated 10.04.2015 issued by the Bursar University of Sindh in which it is stated that the amounts of financial assistance and leave encashment have already been paid to the petitioner No.1, so far as the claim of gratuity and family pension is concerned, the case is ready for payment but it was not released due to non-providing the clearance certificate by the petitioner No.1. To a question raised by this Court that from where the clearance certificate is required, learned counsel for the University argued that the salary was being credited in the Habib Bank Ltd. University of Sindh Jamshoro Branch so there is a possibility that the deceased had applied for some financial facility in which the university was guarantor. However, the Registrar submits that the guarantee was issued in a routine matter but they did not retain its copy. Since there is no male member in the family of the deceased, therefore, the Registrar of the University of Sindh Jamshoro on humanitarian ground submits that he will himself call the clearance certificate from the concerned Bank/different departments and if no dues are found against the deceased, the gratuity and pension amount will be released within 10 days without any further delay. So far as the amount of Group Insurance is concerned, he submitted that the case has been processed to the State Life Insurance and he will also pursue the matter.                     Mr. Kamaluddin learned counsel for the University argued that a quarter is still under the occupation of deceased’s family members which is required to be vacated so that the Institution may allot the same to other employees. Mst. Safia (Petitioner No.1) and             Mst. Soonh (Petitioner No.3) are present and they undertake that after release of the amounts of gratuity and family pension they will arrange alternate accommodation and will vacate the quarter and hand over its peaceful physical vacant possession to the Registrar of the University of Sindh Jamshoro within two months and the Counsel for the University and the Registrar agreed to this arrangement.  

            The petition is disposed of in the above terms along with pending application.                  

                                                                                      JUDGE            

                                                                        JUDGE

Ali Haider/P.A