Legal Principle & Question Decided

Ruling Summary: This decision was rendered by the Sindh High Court, officially reported as 2026 SHC 908. In this matter between Const. P. 1297/2026 (D.B.) Sindh High Court, Karachi - Farha Niaz (Petitioner) and the Respondent, 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.

Full Judgment Text & Judicial Ruling

COURT: Sindh High Court CASE NO: Const. P. 1297/2026 (D.B.) Sindh High Court, Karachi CITATION: 2026 SHC KHI 908 PARTIES: Farha Niaz (Petitioner) ORDER DATE: 15-APR-26 BENCH: Hon'ble Mr. Justice Adnan-ul-Karim Memon(Author), Hon'ble Mr. Justice Zulfiqar Ali Sangi A.F.R: Yes ------------------------------------------------------------ ORDER SHEET

IN THE HIGH COURT OF SINDH AT KARACHI

C.P. No. D-1297 of 2026 [Farha Naz V. Province of Sindh and others]

Date Order with signature of Judge(s)

Before: Mr. Justice Adnan-ul-Karim Memon Mr. Justice Zulfiqar Ali Sangi Date of hearing and Order: 15.04.2026

Mr. Leela Ram, Advocate for the Petitioner. Mr. Malik Altaf Hussain, Advocate for Respondent-KMC. Mr. Ali Safdar Depar, A.A.G **********

O R D E R

Adnan-ul-Karim Memon, J. – Petitioner Farha Naz has invoked the constitutional jurisdiction of this Court under Article 199 of the Constitution of the Islamic Republic of Pakistan, 1973, seeking a declaration that she is entitled to the release of retirement benefits, including gratuity and other allied dues, from the respondents. It is her c ontention that the respondents, being a statutory body functioning under the Provincial Government, are under a constitutional and legal obligation to act in accordance with law and release the lawful dues without any further delay. It is further prayed th at the respondents be directed to forthwith release all retirement benefits, including gratuity and other admissible dues, on the ground that such entitlement constitutes a legal and enforceable right, and that any other relief deemed appropriate in the ci rcumstances of the case may also be granted. 2. The facts of the case, as pleaded, reveal that the petitioner’s husband was appointed in the Municipal Public Health Department, KMC, in the year 1987 as a Clerk in BPS -11. He attained superannuation and reti red from service on 10.07.2022. However, despite retirement, his pensionary and other service benefits have not been released to date. 3. Learned counsel representing KMC has stated at the bar that the pensionary benefits of the deceased employee shall be released at the earliest, without further delay. 4. When confronted with the aforesaid statement, learned counsel for the petitioner has expressed satisfaction and seeks disposal of the petition in terms thereof.

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5. In view of the above, and in the interes t of justice, without touching the merits of the case, and with consent of KMC, the petition is disposed of along with all pending applications with a direction to the Karachi Metropolitan Corporation to process and release the pensionary benefits of the p etitioner’s husband, if found admissible and outstanding, within a period of three (03) weeks in accordance with law. JUDGE

JUDGE

Ayaz Gul

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