Legal Principle & Question Decided

Ruling Summary: This decision was rendered by the Sindh High Court, officially reported as 2026 SHC 1105. In this matter between Const. P. 1386/2026 (D.B.) Sindh High Court, Karachi - Ms. Fateh Mubeen Nizam (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. 1386/2026 (D.B.) Sindh High Court, Karachi CITATION: 2026 SHC KHI 1105 PARTIES: Ms. Fateh Mubeen Nizam (Petitioner) ORDER DATE: 13-MAY-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-1386 of 2026 (Fateh Mubeen Nizam v AG Sindh & others) ____________________________________________________________ Dated Order with signature of Judge. ____________________________________________________________

Before:- Mr. Justice Adnan-ul-Karim Memon Mr. Justice Zulfiqar Ali Sangi

Date of hearing and order:-13.05.2026.

Petitioner present in person. Mr. Ali Safdar Depar, AAG a/w Mr.Shakeel Ahmed, Accounts Officer [BS-18], A.G. Sindh.

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O R D E R Adnan-ul-Karim Memon, J Petitioner Ms. Fateh Mubeen Nizam wife of Nizam Uddin Memon filed the present Constitutional Petition under Article 199 of the Constitution of the Islamic Republic of Pakistan, 1973, seeking directions to the Respondents for release of her retirement benefits, including pension, commutation, gratuity, leave encash ment, benevolent fund and all other admissible dues, along with a declaration that the withholding and delay in payment of such benefits was illegal and without lawful authority. 2. It was contended that the Petitioner served as a Judicial Officer since 27.10.1998 and, after rendering more than 27 years of service, retired on 25.10.2025. Upon retirement, she became entitled to all retiral benefits and had duly completed all codal formalities, including submission of pension papers prior to her retirement. H owever, despite lapse of considerable time, the Respondents failed to release the lawful dues of the Petitioner without any lawful justification, which, according to the Petitioner, amounted to violation of Articles 4, 9 and 25 of the Constitution. 3. Learned AAG appearing on behalf of Respondent No.1 filed comments stating that the amount of leave encashment amounting to Rs.2,679,795/ - had already been paid to the Petitioner on 05.05.2026 through the Office of the Accountant General, Sindh, and submitted t hat in view thereof the petition had served its purpose. 4. In view of the statement made on behalf of Respondent No.1, without touching the merits of the case, the petition, by consent of the learned AAG, is disposed of in the above terms.

JUDGE

JUDGE Shafi

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