Legal Principle & Question Decided

Ruling Summary: This decision was rendered by the Sindh High Court, officially reported as 2026 SHC 736. In this matter between Const. P. 1397/2026 (D.B.) Sindh High Court, Karachi - Abdul Jabbar (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. 1397/2026 (D.B.) Sindh High Court, Karachi CITATION: 2026 SHC KHI 736 PARTIES: Abdul Jabbar (Petitioner) ORDER DATE: 02-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 C.P. No.D-1397 of 2026 (Abdul Jabbar versus Province of Sindh & others) _________________________________________________________________ Date Order with signature of Judge _________________________________________________________________ Mr. Justice Adnan-ul-Karim Memon Mr. Justice Zulfiqar Ali Sangi

Date of hearing and order:- 02.04.2026

Mr. Shahid Hussain, advocate for the petitioner. Mr. Asad Ahmed, advocate for KMC. Mr. Abdul Jalil Zubedi, AAG. ------------------------- O R D E R

Adnan-ul-Karim Memon, J. – The petitioner Abdul Jabbar h as filed the captioned Constitutional Petition under Article 199 of the Constitution of the Islamic Republic of Pakistan, 1973, seeking following relief(s):- “a. To declare that the petitioner is legally entitled for recovery of retirements benefits Gratuity etc. from the respondents and the respondents are bound to act under the framework provided in constitution of Pakistan and to obey the law being the statutory body incorporated under the provincial government.

b. To direct the respondents to release retirements benefits Gratuity etc. forthwith without committing any further delay as the respondents being statutory body is bou nd to act in accordance with law and recovery of dues is the fundamental right of the petitioner and respondent is bound under principle policy to do so.”

2. The petitioner was appointed as Ex -Machine Man BPS -2 in KMC on 01.07.1984, retired in 2023, but his pension benefits had not been released. 3. Learned counsel for KMC stated that the pension claim was received on 11.11.2025 and highlighted that, pursuant to this Court’s order dated 1 2.03.2025 in C.P No.3393/2023, the Secretary Sindh Local Government coordinated with TMCs to provide lists of retired employees and upcoming retirees to facilitate timely pension payments. 4. Today, KMC counsel confirmed that the petitioner’s pension claim , pre - audited at Rs.2,741,356/-, will be paid within three weeks. 5. Learned counsel for the petitioner agreed to dispose of the petition on this basis. 6. Without touching the merits of the case, t he petition stands disposed of accordingly. JUDGE

JUDGE

Shahzad Soomrop

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