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Official Citation: 2024 SHC 608
Court / Jurisdiction: Sindh High Court
Year of Decision: 2024
Decision Date: 2024-05-29
Parties: Syed Bachal Shah vs Province of Sindh & others
Ruling Summary: This decision was rendered by the Sindh High Court on 2024-05-29, officially reported as 2024 SHC 608. In this matter between Syed Bachal Shah and Province of Sindh & others, 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.
Case cited as 2024SHC608
Court Name: Sindh High Court Judge(s): Adnan-ul-Karim Memon, Muhammad Abdur Rahman Title: Syed Bachal Shah vs Province of Sindh & others Case No.: Constitution Petition No. D-1318 of 2023 Date of Judgment:2024-05-29 Reported As: 2024 SHC 608 Result: Petition Disposed of
Judgment ORDER Adnan-ul-Karim Memon J:-Petitioner Syed Bachal Shah has approached this Court for enforcement of the judgments passed by the Supreme Court in the cases of I.A. Sherwani Vs. Government of Pakistan through Secretary Finance Division Islamabad (1991 SCMR 1041), Re. Penionery Benefits of Judges of Superior Courts (PLD 2013 SC 829) and Haji Muhammad Ismail Memon (PLD 2007 SC 35) on the premise that he was serving as Clerk cum Typist (BPS-05) in Shah Abdul Latif University Khairpur, and retired from service on 31-04-2000, however, the respondent- University has refused to release his 65% arrears of double pension, therefore, he seeks directions to the respondent-University to grant the aforesaid arrears in accordance with law. Respondent-University has filed statement dated 15-05-2024 with the narration that grievance of the petitioner has been resolved and placed on record the Notification dated 29-04-2024 whereby commuted portion of the all pensioners has been decided. The petitioner has submitted that his grievance has not yet been redressed by the respondent-University. We have heard the learned counsel for the parties present in Court and perused the material available on record. This is a matter of grave concern that for several years, the long and unjustified delay in payment of pension has been a source of tremendous hardship and humiliation to retiring official and their families, despite structures passed by the Supreme Court in its various pronouncements and simplify the guideline laid down by the Government, the petitions on account of delay persists. Let this matter be taken up by the Vice Chancellor Shah Abdul Latif University on priority basis and resolve the issue of 65% arrears of restoration of commuted portion of pension of the petitioner, if any, in terms of latest decision of the Supreme Court on the subject issue within two weeks, after
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providing hearing to the petitioner as he is still claiming the aforesaid amount and has raised his voice of concern. This petition stands disposed of in the above terms.