ORDER SHEET

Order Sheet

IN THE HIGH COURT OF SINDH AT KARACHI

Const. Petition No. D – 1051 of 2019

Date	Order with signature of Judge

Priority :

1. For hearing of Misc. No.4707/2019 (Stay) :

2. For hearing of Main Case :

19.03.2020 : Mr. Muhammad Arshad Khan Tanoli, advocate for the

petitioner.

Mr. Khurram Ghayas, advocate for KDA, a/w Dr. Syed Saif-ur-

Rahman, Director General, KDA, and Qazi Abdul Qadir,

Member (Finance), KDA.

Mr. Hakim Ali Shaikh, Addl. AG, Sindh.

…………

In compliance of order dated 17.03.2020, Dr. Syed Saif-ur-Rahman, Director General, KDA, and Qazi Abdul Qadir, Member (Finance), KDA, are present in person along with the proposal regarding settlement of outstanding pension and other post-retirement benefits of all the retired employees of KDA, which is taken on record. According to the above proposal, an amount of Rs.127,315,000.00 has already been received by KDA towards auction money in respect of 32 units in PHS auctioned on 25, 26 and 27 February 2020 ; Rs.240,643,910.00 will be realized by KDA from successful bidders of the plots auctioned by KDA in the year 2017 ; Rs.200,000,000.00 is expected to be received by KDA in the second phase of auction of the remaining / unsold units in PHS scheduled from 24 to 27 March 2020, auction notice whereof has already been published in newspapers on 13.03.2020 ; and, Rs.400,000,000.00 is expected to be received by KDA by auctioning plots in different schemes / townships scheduled from 07 to 09 April 2020, auction notice whereof will be published in the near future. The grand total of all the above mentioned amounts received / to be received by KDA comes to Rs.967,958,910.00.

The above named Director General KDA states that monthly pension of all employees is being paid to them on regular basis. Regarding their outstanding pension and other post-retirement benefits, he as well as the above named Member Finance KDA undertake on behalf of KDA that 10% thereof shall be paid to them latest by 30.04.2020 and the remaining 90% shall be paid / settled latest by 31.10.2020. Learned counsel for the petitioner points out that the name of the petitioner is not included in the list of retired employees filed by KDA in pursuance of order dated 17.03.2020. The Director General KDA undertakes to look into this matter and to ensure that all retired employees of KDA shall receive pension and other post-retirement benefits as per the undertaking given by him and the Member Finance, whether their names are mentioned in the said list or not. It has been made clear to the Director General and Member Finance that their above undertaking on behalf of KDA regarding settlement of pension and all other post-retirement benefits of all the retired employees of KDA shall be deemed to be the order of this Court, and non-compliance thereof shall entail consequences of disobedience / violation of this Court’s order.

The Director General and Member Finance are directed to publish a public notice on behalf of KDA in Urdu daily ‘Jang’ and English daily ‘Dawn’ within ten (10) days from today notifying the retired employees of KDA that their pension and other post-retirement benefits shall be settled by KDA by paying 10% thereof latest by 30.04.2020 and the remaining 90% latest by 31.10.2020.

In view of the above undertaking, the Director General and Member Finance are directed not to use / utilize / appropriate any of the amounts mentioned in the proposal submitted today, or any part thereof, for any other purpose. In order to ensure compliance of this direction, they shall open a new bank account and shall transfer / deposit therein all the amounts, received and/or to be received, as mentioned in the said proposal. They are further directed to submit compliance report to this Court along with proof of opening the said new bank account, the transfer / deposit of amounts therein, fate of the auction of unsold units in PHS to be held on 24 to 27 March 2020, fate of the auction of plots in different schemes / townships to be held on 07 to 09 April 2020, and proof of payment of 10% amount to all retired employees as at 30.04.2020.

To come up on 05.05.2020 at 11:00 a.m. when the Director General KDA and Member Finance KDA shall be in attendance along with the compliance report in the above terms.

J U D G E