Legal Principle & Question Decided

Ruling Summary: This decision was rendered by the Sindh High Court, officially reported as 2025 SHC 151. In this matter between Const. P. 4744/2025 (D.B.) Sindh High Court, Karachi - Mst. Tasleem un Nisa (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. 4744/2025 (D.B.) Sindh High Court, Karachi CITATION: 2026 SHC KHI 151, 2026 SHC KHI 167 PARTIES: Mst. Tasleem un Nisa (Petitioner) ORDER DATE: 27-JAN-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-4744 of 2025 (Mst. Tasleem-un-Nisa v Federation of Pakistan & others) ________________________________________________________________ Order with signature of Judge ________________________________________________________________ Mr. Justice Adnan-ul-Karim Memon Mr. Justice Zulfiqar Ali Sanghi

Date of hearing and order:-27.01.2026

Chaudhry Sajad Ali, Advocate for the Petitioner. Ms. Mareen Ibrahim, DAG. Mirza Alam Baig, Law Officer of Respondents/Pakistan Railways. ------------------------ O R D E R

Adnan-ul-Kari Memo, J.- Petitioner Mst. Tasleem -un-Nisa has filed this constitutional petition under Article 199 of the Islamic Republic of Pakistan, 1973 seeking the following reliefs:

α. To direct the Respondents to release amount / act according to Notification of Cabinet Secretariat Establishment Division. Government of Pakistan, Islamabad in continuation of Notification OM Ni7/40/2005 -2 dated 13 June 2006. OM No.8/10/2013-E-3, dated 20 October 2014 OM. No. 8/10/201E NPT) dated. 25 May of 2015 for Assistance Package for Families of Government Employees, as per its spirit.

b. To direct the Respondents to release the amount GP fund and Gratuity to the family and Prime Minister Assistant Package of Government Employee Policy of La te Muhammad Saleem Khan, the deceased Father of the petitioner in accordance with the law.

c. That this Honorable Court had already been allowed these Petitions bearing Nos. 370 to 377 of 2022 vide order dated 04.03.2025, as well as Petitions Nos. 5020 and 5021 of 2021, which were of a similar nature. It is, therefore, most humbly prayed that the present Petition may also be allowed on the basis of the same reasoning and in line with the said orders/judgments.

d. Any other relief which this Honorable Court may deem fit and proper.”

2. Petitioner Mst. Tasleem -un-Nisa has filed the present constitutional petition under Article 199 of the Constitution of the Islamic Republic of Pakistan, 1973, seeking release of amounts under the Prime Minister Assistance Package, GP Fund, and Gratuity in respect of her deceased father, Late Muhammad Saleem Khan, in terms of the relevant notifications, and based on earlier judgments passed in similar petitions.

3. Learned counsel for Pakistan Railways submits that a bunch of similar petitions, including C.P. No. D-4745 of 2025 and others, has already been disposed of by this Court vide order dated 20.01.2026, wherein it was held that GP Fund, Gratuity and pension have been paid, while the Prime Minister Assistance Package is subject to availability of funds, eligibility and priority, and the competent authority was directed to reconsider the matter and pass a speaking order within sixty (60) days, if the petitioners are found entitled. The relevant portion of the order is reproduced as under:

“2. Learned counsel for the respondent -Pakistan Railways has submitted that GP Fund, Gratuity, Family Pension have already been paid to the petitioners' husband / father. Furthermore, the legal heir(s) is/are being received regular monthly pension from their respective bank accounts, which fact is al so duly substantiated by the report of the Divisional Accounts Officer, which is attached along with compliance report. It is further submitted that the Prime Minister Assistance Package for the family of deceased employee does not form the part of the set tlement service dues, rather it is an Incentive Scheme subject to the Availability of funds, eligibility and priority/waiting list of the legal heirs, in this regard a demand letter was issued by the Ministry of Railway Board Islamabad dated 07th October 2 025 to the Special Secretary Prime Minister Office Islamabad for seeking allocation of funds of Rs.8.190 Billion under the relevant Head of Account of PM Assistance Package and DS Karachi has also issued a demand letter to the Deputy General Manager, Pakis tan Railways Headquarter Office Lahore, however, response and release of funds are still awaited.

3. Today, learned counsel for the petitioners has drawn attention of this Court towards order dated 29.5.2025 passed by this Court in Constitutional Petition No. D-5020 of 2021, whereby the grievance of the petitioner in that petition was about to payment in lieu of the plot against Prime Minister Assistance Package, which has already been prepared and submitted to the concerned office.

4. These petitions need to be disposed of in terms that if the petitioners are found to be entitled for the Assistance Package, the competent authority shall re -consider their decision and passing a speaking order after hearing the parties concerned within sixty (60) days.

5. These petitions stand disposed of in the above terms along with pending application(s), if any.”

4. In view of the above, with the consent of the parties, even without touching the merits of the case, the instant petition stands disposed of in the same terms as discussed in the preceding paragraph. Let a copy of this order be communicated to the respondents for compliance.

J U D G E

J U D G E

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