Legal Principle & Question Decided

Ruling Summary: This decision was rendered by the Sindh High Court, officially reported as 2025 SHC 437. In this matter between Const. P. 5068/2025 (D.B.) Sindh High Court, Karachi - Mst. Afreen Parveen & another (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. 5068/2025 (D.B.) Sindh High Court, Karachi CITATION: 2026 SHC KHI 437 PARTIES: Mst. Afreen Parveen & another (Petitioner) ORDER DATE: 25-FEB-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 CP No.D-5068 of 2025 (Mst. Arfeen Parween & others v Province of Sindh & others)

__________________________________________________________________ __ DATE ORDER WITH SIGNATURE OF JUDGE Before:- Mr. Justice Adnan-ul-Karim Memon Mr. Justice Zulfiqar Ali Sangi

Date of hearing and order:- 25.02.2026 Mr. Aijaz Ali Hisbani, Advocate for Petitioner. Mr. Abdul Jalil, A.A.G. Mr. Sanaullah Soomro, Advocate for Respondents. ---------------

O R D E R Adnan-ul-Karim Memon, J The Petitioners have filed this Constitutional Petition under Article 199 of the Constitution of Pakistan, 1973, seeking directions for the release of all service benefits of the deceased Ghulam Hussain, a Government Teacher (BPS -18) posted at Government Boys School Landhi, to Petitioner No.1 in her capacity as his second wife/widow. They also seek employment for her on a compassionate or “in -service death” quota basis to support her minor children, Rimsha Rubab and Mohammad Hassan. Learned counsel for the Petitioners stated that the deceased had two wives, Bibi Hajra Warsi (Respondent No.6) and Afreen Parveen (Petitioner No.1), leaving behind legal heirs from both marriages. He added that both widows claim entitlement to the deceased’s pensionary and other service benefits, including GP Fund, Group Insurance, Benevolent Fund, and Gratuity. However, the Department has been reluctant to release the benefits according to their respective shares. Learned AAG submitted that certain codal formalities must be completed, including the appearance of both widows before the Secretary of Education, after which the matter will be referred to the Accountant General for final disbursement. At this stage, both parties agreed to comply with the aforesaid legal requirement, and this Court deem it appropriate to dispose of these petitions along with all pending application(s) with the direction that the Petitioners and Respondent No.6 appear before the Secretary of Education to initiate the process, as requested, which shall thereafter be forwarded to the Accountant General within two weeks. JUDGE JUDGE Shafi

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