Legal Principle & Question Decided

Ruling Summary: This decision was rendered by the Sindh High Court, officially reported as 2025 SHC 449. In this matter between Const. P. 5476/2025 (D.B.) Sindh High Court, Karachi - Muhammad Imtiaz Khan (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. 5476/2025 (D.B.) Sindh High Court, Karachi CITATION: 2026 SHC KHI 449 PARTIES: Muhammad Imtiaz Khan (Petitioner) ORDER DATE: 20-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

C.P. No. D-5476 of 2025 (Muhammad Imtiaz Khan V. Province of Sindh and others)

Date Order with signature of Judge(s)

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

1. For order on office objection. 2. For hearing of Main Case.

Date of hearing and Order 20.02.2026

Mr. Abdul Aziz Kanhar, Advocate for the Petitioner. Mr. Asad Ahmed, Advocate for the Respondent/KMC. Mr. Abdul Jalil Zubedi, A.A.G., Sindh. **********

Adnan-ul-Karim Memon, J. – Petitioner Muhammad Imtiaz Khan has filed this Constitution Petition under Article 199 of the Islamic Republic of Pakistan 1973 seeking following relief:

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 relea se retir ements benefits /Gratuity etc forthwith without committing any further delay as the respondents being statutory body is bound 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.

c. Any other relief or relief which this Hon'ble court may deem fit and proper under the circumstances of this petition.

2. Learned Counsel for the Petitioner submits that the Petitioner was appointed on 05.07.1986 as Chowkidar in BPS -02 in Engineering Department KMC Karachi and retired on 06.07.2023. Since appointment till retirement his pensionary benefits has not been released. Learned Co unsel representing the KMC sought two weeks’ time for releasing the pen sionary benefits of Petitioner.

3. Today learned counsel for the Respondent/KMC submits that the case regarding pensionery benefits has been received in his office vide inward No.53763 dated 19.06.2023 and subsequently the pension case has been finalized on 12.09.2024 for amounting to Rs.1,412,813/-. The petitioner is drawing monthly pension from HBL Branch regularly. As far as the commutation of Rs.1,412,813/ - is required to be paid and in this regard a

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cheque of the said amount bearing No.25361610 dated 19,.02.2026 has already been issued in favour of the petitioner.

4. When confronted with the above position, learned counsel for the petitioner seeks disposal of this petition on the statement filed by the counsel for the Respondent/KMC.

5. Since purpose of this petition h as been served, the petition stands disposed of accordingly along with pending application(s).

JUDGE

JUDGE

Ayaz Gul

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