Legal Principle & Question Decided

Ruling Summary: This decision was rendered by the Sindh High Court, officially reported as 2026 SHC 1404. In this matter between Const. P. 3783/2026 (D.B.) Sindh High Court, Karachi - Jourge 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.

Full Judgment Text & Judicial Ruling

COURT: Sindh High Court CASE NO: Const. P. 3783/2026 (D.B.) Sindh High Court, Karachi CITATION: 2026 SHC KHI 1404 PARTIES: Jourge Masih (Petitioner) ORDER DATE: 07-JUL-26 BENCH: Hon'ble Mr. Justice Adnan-ul-Karim Memon(Author), Hon'ble Mr. Justice Adnan Iqbal Chaudhry A.F.R: Yes ------------------------------------------------------------ 1

ORDER SHEET

IN THE HIGH COURT OF SINDH AT KARACHI

C.P. No. D-3783 of 2026 (George Masih v Province of Sindh & others) C.P. No. D-3784 of 2026 (Suraiya Pervez v Province of Sindh & others)

C.P. No. D-3785 of 2026 (Nazeer Masih v Province of Sindh & others)

Date Order with signature of Judge(s) Before: Mr. Justice Adnan-ul-Karim Memon Mr. Justice Adnan Iqbal Chaudhary

Date of hearing and Order: 07.07.2026

Mr. Muhammad Riaz, Advocate, for the petitioners. Barrister Asad advocate for KMC. ********** O R D E R

Adnan-ul-Karim Memon, J. – The petitioner s invoke the constitutional jurisdiction of this Court under Article 199 of the Constitution, seeking direction to the respondent No.2 to issue their monthly salary and also release all their back benefits as per law. 2. The petitioners, namely George Masih, Suraiya Pervez and Nazeer Masih, retired Sanitary Workers (BPS -02) of different Town Municipal Corporations, have approached this Court seeking release of their pens ionary benefits, including gratuity, leave encashment, benevolent fund and arrears. It is their case that despite completion of all formalities, submission of required documents and repeated approaches to the concerned authorities, their pension cases have not been processed and their legitimate dues remain unpaid, causing financial hardship to them and their families. The petitioners ’ counsel contend that such inaction on the part of the respondents is unjustified, contrary to the principles of natural jus tice and violative of their fundamental rights guaranteed under the Constitution. He prayed to allow these petitions. 3. Learned counsel for KMC submits that the pension claims of the petitioners have been received, processed and duly pre -audited by the AD LFA, KMC in compliance with the directions of this Hon’ble Court. It is submitted that the details of the outstanding pensionary dues of the petitioners are as follows: (i) Mr. Nazeer Masih , Sanitary Worker (BPS -02), TMC Gulberg Town, retired on 21.05.2021 ; his pension claim amounting to Rs.2,356,073/- has been processed and pre-audited. (ii) Mr. George Masih , Sanitary Worker (BPS -02), TMC North Nazimabad Town, retired on 09.06.2024; his pension claim amounting to Rs.1,473,559/- has been processed and pre-audited.

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(iii) Mst. Surriya Bibi , Sanitary Worker (BPS -02), TMC Korangi Town, retired on 30.06.2024; her pension claim amounting to Rs.1,977,015/- has been processed and pre-audited. 4. Learned counsel further submits that all the petitioners are regularly drawing their monthly pension through HBL. It is contended that KMC has undertaken the responsibility of disbursing pension and arrears of retired TMC employees pursuant to the orders passed by this Hon’ble Court, while the Finance Department, Government o f Sindh, is providing funds of Rs.200 million per month for payment of monthly pensions to TMC pensioners. It is further submitted that KMC has approached the Provincial Government vide letter dated 07.05.2026 for provision of Rs.9,862.600 million required for clearance of outstanding pensionary dues of retired employees of all TMCs, including the present petitioners. He prayed to dispose of the petitions in the said terms. 5. We have heard learned counsel for the petitioners and learned counsel appearing on behalf of KMC. 6. The record reflects that the petitioners are retired employees of the respective Town Municipal Corporations and have claimed release of their pensionary benefits, including gratuity, leave encashment, benevolent fund and arrears. It is an admitted position that the petitioners have completed the requisite formalities and their pension claims have already been received, processed and duly pre-audited by the competent authority of KMC. 7. The right to pension is not a bounty or concession; rather it is a vested legal right earned by an employee after rendering services to the State and its functionaries. Any unjustified delay in payment of pensionary benefits adversely affects the livelihood and dignity of retired employees and a mounts to failure of the public authorities to discharge their statutory obligations. 8. However, from the submissions made on behalf of KMC, it appears that the delay in clearance of outstanding pensionary dues is primarily due to financial constraints and non-availability of requisite funds. KMC has placed on record that it has already undertaken the responsibility of disbursing pensions of retired TMC employees in compliance with the directions passed by this Court and has also approached the Government of Sindh for provision of funds required for clearance of remaining pensionary liabilities. 9. In view of the above circumstances, and considering that the pension claims of the petitioners have already been processed and pre -audited, no further adjudication on merits is required at this stage. The respondents are under a legal obligation to ensure timely payment of the outstanding pensionary benefits of the petitioners and cannot deprive them of their legitimate dues on account of administrative delays.

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10. Accordingly, these petitions are disposed of with direction to the respondents, particularly KMC and the concerned authorities, to ensure release of the outstanding pensionary benefits of the petitioners in accordance with law, preferably within a six-week time . The respondents shall also ensure that the monthly pension of the petitioners continues to be paid regularly without interruption. 11. The petition s stand disposed of in the above terms along with pending applications, if any. JUDGE

JUDGE

Shafi

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