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Official Citation: 2024 SHC 630
Court / Jurisdiction: Sindh High Court
Year of Decision: 2024
Decision Date: 2024-05-29
Parties: Mst. Hatul Khatoon vs Province of Sindh & others
Ruling Summary: This decision was rendered by the Sindh High Court on 2024-05-29, officially reported as 2024 SHC 630. In this matter between Mst. Hatul Khatoon and Province of Sindh & others, the court adjudicated key questions of statutory construction, procedural regularity, and legal precedent under Pakistani law.
Core Holding: The honorable bench evaluated governing statutory provisions and judicial authorities to establish the rights of the parties, delivering the binding reasoning set out below.
Case cited as 2024SHC630
Court Name: Sindh High Court Judge(s): Adnan-ul-Karim Memon, Muhammad Abdur Rahman Title: Mst. Hatul Khatoon vs Province of Sindh & others Case No.: Constitution Petition No. D-421 of 2023 Date of Judgment:2024-05-29 Reported As: 2024 SHC 630 Result: Petition Disposed of
Judgment ORDER Adnan-ul-Karim Memon J:- The petitioner Mst. Hatul has approached this Court for enforcement of the judgments passed by the Supreme Court in the cases of I.A. Sherwani Vs. Government of Pakistan through Secretary Finance Division Islamabad (1991 SCMR 1041), Re. Penionery Benefits of Judges of Superior Courts (PLD 2013 SC 829) and Haji Muhammad Ismail Memon (PLD 2007 SC 35) on the premise that her husband was serving as Pump Operator (BPS-03) in Local Government Department and during service, he passed away on 20-02-2020; after the death of her husband, the petitioner was getting monthly pension; however other ancillary benefits have been stopped by the respondents, which includes gratuity amount of Rs. 4,68,684/- vide Notification dated 09-06- 2020, therefore, she seeks directions to the respondent-Local Government Department to release the gratuity amount of Rs. 4,68,684/- and other ancillary benefits to the petitioner in accordance with law. The respondent-Municipal Committee Khairpur has filed statement with the narration that the balance amount of Rs. 3,28,662/- will be paid to the petitioner in two installments as and when funds are released by the Local Government. We have heard the learned counsel for the parties present in Court and perused the material available on record. This is a matter of grave concern that for several years, the long and unjustified delay in payment of pension has been a source of tremendous hardship and humiliation to retiring official and their families, despite structures passed by the Supreme Court in its various pronouncements and simplify the guideline laid down by the Government, the petitions on account of delay persists. Let this matter be taken up by the Chief Secretary Sindh and Secretary Local Government on priority basis and resolve the issue of gratuity and other ancillary benefits of the petitioner, if any, in
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terms of latest decision of the Supreme Court on the subject issue within two weeks, after providing hearing to the petitioner as she is still claiming the aforesaid amount and has raised her voice of concern. This petition stands disposed of in the above terms.