Legal Principle & Question Decided

Ruling Summary: This decision was rendered by the Sindh High Court, officially reported as 2026 SHC 1043. In this matter between Const. P. 1656/2026 (D.B.) Sindh High Court, Karachi - Mst. Shamim Bano (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. 1656/2026 (D.B.) Sindh High Court, Karachi CITATION: 2026 SHC KHI 1043 PARTIES: Mst. Shamim Bano (Petitioner) ORDER DATE: 05-MAY-26 BENCH: Hon'ble Mr. Justice Adnan-ul-Karim Memon(Author), Hon'ble Mr. Justice Zulfiqar Ali Sangi A.F.R: Yes ------------------------------------------------------------ 1

ORDER SHEET

IN THE HIGH COURT OF SINDH AT KARACHI

C.P. No. D-1656 of 2026 [Mst. Shamim Bano V. Federation of Pakistan 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: 05.05.2026

Mr. Sajjad Ali, Advocate for the Petitioner. Mirza Alam Baig, Law Officer, Pakistan Railways. **********

O R D E R

Adnan-ul-Karim Memon, J. – Petitioner Mst. Shamim Bano has filed this Constitution Petition under Article 199 of the Constitution of Islamic Republic of Pakistan 1973, seeking direction to the Respondents to release amount/ act according to Notification of Cabinet Secretariat Establishment Division, Government of Pakistan, Islamabad in continuation of Notification dated 13.06.2006, 20.10.2014 and 25.05.2015 for assistance package for families of Government employees as per its spirit. She also seeks direction to Respondents to release the amount of the gratuity/ insurance, lump sum amount, marriage grant amount of the wedding of one daughter, cash payment in lieu of plot amount of the deceased husband namely Sheikh Rasheed of the petitioner/widow in accordance with law.

2. Counsel seeks disposal of this peti tion in terms of the order passed by this Court in C.P No.D -923/2023 vide order dated 17.03.2026 whereby following directions were given:-

i. The respondents are directed to process and finalize the case of the petitioner for grant of benefits under the Pri me Minister's Assistance Package strictly in accordance with the relevant Office date of receipt of this order.

ii. The respondents shall take up the matter with the competent authority, including the Prime Minister's Office, for release of requisite funds, if not already done, and ensure that the petitioner is not discriminated against vis -à-vis other similarly placed beneficiaries.

iii. The claim of the petitioner regarding cash benefits (including lump-sum grant, marriage grant, and payment in lieu of plot) shall be decided strictly in accordance with law and policy.

iv. The case of appointment of the petitioner's son under the Prime Minister's Assistance Package shall be considered and decided by the competent authority, subject to fulfillment of

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eligibility cr iteria, within the same timeframe and law laid down by the learned Federal Constitutional Court and Supreme Court.

v. In case of any delay or failure, the petitioner shall be at liberty to seek appropriate remedy in accordance with law.

3. Both the partie s agreed for disposal of this petition, however, counsel for the Pakistan Railways submits that the GFP, Gratuity, Family Pension have already been paid as admitted by the Petitioner vide report of respondent No.5 Divisional Accounts Officer Pakistan Railw ays Karachi. The Assistance Prime Minister Package for deceased employee's family it is not a part of the settlement service dues it is an Incentive Scheme subject to the availability of Funds and priority list of the legal heirs, in this connection a dema nd letter has been issued by Ministry of Railway Board Islamabad dated 07th October 2025 to the Special Secretary Prime Minister Office Islamabad for funds Rs. 8.190 Billion under the Head of Account of PM Assistant Package and its reply is still awaited.

4. In view of the foregoing submissions and by consent of the learned counsel for the parties, the instant Constitution Petition is disposed of in terms of the directions already laid down by this Court in C.P No.D -923/2023 vide order dated 17.03.2026. 5. The respondents are directed to process and finalize the petitioner’s claim strictly in accordance with law and applicable policy , including the Prime Minister’s Assistance Package, within the stipulated timeframe. It is clarified that the benefits, being subject to availability of funds and approval by the competent authority, shall be released upon receipt of requisite funds from the concerned quarters. The competent authorities shall ensure that the petitioner is not subjected to any discrimination and that her claims, including those pertaining to lump -sum grant, marriage grant, and payment in lieu of plot, are decided in accordance with law and policy. 6. Petition stands disposed of along with pending applications, if any.

JUDGE

JUDGE

Shafi

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