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Official Citation: 2026 SHC 961
Court / Jurisdiction: Sindh High Court
Petitioner: Const. P. 1094/2026 (D.B.) Sindh High Court, Karachi - Safdar Masih (Petitioner)
Ruling Summary: This decision was rendered by the Sindh High Court, officially reported as 2026 SHC 961. In this matter between Const. P. 1094/2026 (D.B.) Sindh High Court, Karachi - Safdar Masih (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.
COURT: Sindh High Court CASE NO: Const. P. 1094/2026 (D.B.) Sindh High Court, Karachi CITATION: 2026 SHC KHI 961 PARTIES: Safdar Masih (Petitioner) ORDER DATE: 22-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, KARACHI
Constitutional Petition No. D-1094 of 2026 (Safdar Masih versus Province of Sindh & others)
Date Order with signature of Judge
Before:- Mr. Justice Adnan-ul-Karim Memon Mr. Justice Zulfiqar Ali Sangi
Date of hearing and order: 22.4.2026
Mr. Rustam Khan Mahar advocate for the petitioner Mr. Ali Safdar Depar, Assistant AG Mr. Asad Ahmed advocate for the respondent / KMC ---------------------
O R D E R Adnan-ul-Karim Memon, J. The petitioner, Safdar Masih, filed the instant Constitutional Petition under Article 199 of the Constitution of the Islamic Republic of Pakistan, 1973, seeking a declaration of his entitlement to retirement benefits, including gratuity, and a direction t o the respondents to release the same without delay in accordance with law. 2. It is stated that the petitioner was appointed on 10.10.1982 as a Sanitary Worker (BPS-02) in TMC Korangi and retired from service in 2024; however, his pensionary benefits were not released thereafter. 3. The respondent/KMC, through a report, submitted that the petitioner retired on 11.06.2024 and his pension case, amounting to Rs. 2,077,694/ -, has been duly processed and pre -audited. It was further stated that the petitioner is already receiving monthly pension through HBL, while payment of remaining dues is subject to release of funds by the Provincial Government, for which a request has been made. 4. Learned counsel for the respondent assured that the petitioner’s outstanding pensionary benefits shall be released within three weeks. The request being reasonable was acceded to. 5. In view of the above, it is an admitted position that the petitioner, after rendering long service, stands retired and is legally entitled to all reti ral benefits, including gratuity and other dues, which constitute vested rights and cannot be withheld except in accordance with law. The plea of non -availability of funds is neither a valid justification nor a lawful ground to deprive or delay payment of such benefits, as financial constraints of a statutory body do not override the accrued and enforceable rights of a retired employee. The respondents, being public functionaries, are under a legal and constitutional obligation to ensure
timely disbursement of pensionary benefits, and any delay in this regard amounts to maladministration and violation of settled principles of service jurisprudence. 6. Since the respondents themselves have acknowledged that the petitioner’s case has been duly processed and pr e-audited, and have further undertaken before this Court to release the outstanding amount within a stipulated period, no further adjudication on merits is required. However, to safeguard the petitioner’s rights, the respondents are bound by their undertak ing and are directed to ensure compliance within the stated timeframe, failing which the petitioner shall be at liberty to seek appropriate remedy in accordance with law. 7. Accordingly, the petition along with pending application(s) is disposed of in the above terms.
JUDGE JUDGE Shafi