IN THE HIGH COURT OF SINDH, SUKKUR BENCH, SUKKUR

C.P No.D-826 of 2019

Petitioner: Rehmatullah Bhatti, through Mr. Abdul Naeem Pirzada, Advocate.

Respondents : Sukkur Municipal Corporation through Mr. Khuda Bux Chohan, Advocate.

P.O Sindh and others: Through Mr. Asfand Yar Kharal, AAG

Date of hearing: 16.09.2021

Date of decision: 16.09.2021

O R D E R

Zulfiqar Ali Sangi, J: Through this petition, the Petitioner seeks following reliefs:-

a) To direct the Respondents No.4 to 8 to immediately release gratuity, pensioner benefits and monthly outstanding pension, as per his entitlement being the hands of his deceased wife Mst. Faiz Bibi, who died on 02.02.2013 while on duty, and so also to continue his monthly pension onward without any delay in future without any interruption or hindrance so that he may pass his remaining family life with peace of mind.”

b) To award the cost.

c) To grant any other equitable relief, which this Honourable Court may deems fit and proper under the circumstances of the case, in favour of the petitioner.

2. Learned Counsel for the Petitioner, at the very outset, contended that deceased Mst. Faiz Bibi was the wife of Petitioner, who worked as “Sanitary Worker” in Sukkur Municipal Corporation, Sukkur and expired on 02.02.2013 due to natural death; that she was entitled for gratuity and pensionary benefits but Petitioner, being her husband, when approached was refused by the Respondents; however he submits that family pension was allowed to the Petitioner with effect from 02.02.2013. Learned counsel next contended that the Respondents were not preparing the gratuity and pensionary benefits of the Petitioner under the amended rules and regulations as the Petitioner is entitled for the same; however Respondents are not paying the benefits due to their malafide intentions, hence this petition.

3. Learned Counsel for the Respondents/SMC as well as learned AAG submit that an inspection was carried out in compliance of order passed by this Court on 09.10.2019 in C.P. No.D-1569 of 2018 and during the process of said audit, the claim of Petitioner was not verified, increase form not verified from ADLFA, change in the name of husband from Rasool Bux to Rehmatullah in Service Book and the Nikahnama, which was attached, was not verified owing to which benefits as claimed by the Petitioner were not released to him.

4. We have heard learned Counsel for the Petitioner, Counsel representing the Respondents/SMC as well as AAG, Sindh and carefully examined the material available on record with their able assistance.

5. On careful scrutiny of Audit Report conducted by Nisar Ahmed Naich, Audit Officer, Head of Inspection Team, DG Audit Local Councils Sindh Karachi, Department of the Auditor General of Pakistan and found the name of Petitioner at Serial No.26 with the following remarks:-

“Claim of Rs.461,175 not verified, increase forms not verified by ADLFA, Change in name of husband from Mr. Rasool Bux to Rehmatullah in Service Book. Illegible Nikahnama attached. Case not verified.”

6. Verification report of Nikahnama issued by Chief Corporation Officer, Metropolitan Corporation, Multan, reveals that there is no any entry or record found in their office related to said Nikahnama; however Deputy Commissioner Multan, in his report, stated that Nikahnama was registered/issued in the year, 2000 prior to the establishment of concerned Union Council, which reflects that the said Nikahnama produced by the Petitioner is fake one. Thereafter in compliance of order dated 24.09.2019, Deputy Director, NADRA RHO, Sukkur has submitted his report wherein it is mentioned that Mst. Faiz Bibi obtained her manual NIC bearing No.409-91-291370 in the year, 1991 from District Registration Office (DRO) Sukkur. As per said record, her father’s name is mentioned as Moula Bux Bhatti, whereas, her husband name is Rasool Bux Bhatti. It is further mentioned in the report that Mst. Faiz Bibi approached NADRA Office Sukkur on 27.03.2004 for issuance of new/fresh CNIC on the basis of her old/manual NIC number i.e. 409-91-291370 as well as her husband manual NIC bearing No.322-76-479012; her CNIC was processed, subsequently CNIC bearing No.45504-4689176-4 was issued to her. She also applied and obtained her renewed CNIC in April, 2012 by submitting CNIC form vide Tracking ID No.305271008043 and thereafter Petitioner namely Rehmatullah applied and obtained his CNIC bearing No.45504-7390228-5 in the year, 2003 by submitting CNIC form bearing No.SU00065609. He also applied and obtained his duplicate CNIC in 2010, modified CNIC in 2018, CRC in February 2020 and FRC in March 2020 by submitting CNIC forms bearing No. SC000117118, Tracking ID No.105001188608, Tracking ID No.105001247427 and Tracking ID No.105001252533 respectively. Whereas, said report was objected by Respondent No.5 on the ground that in the first manual NIC, the father name of Mst. Faiz Bibi was Moula Bux Bhatti; however as per form annexed with objection on report filed by NADRA, it is mentioned that the father name of Mst. Faiz Bibi is mentioned as Khuda Bux. It is also mentioned in the objections that as per NADRA Family Registration Certificate, son of Mst. Faiz Bibi namely Ghulam Mustafa’s date of birth is mentioned as 01.01.2001, Muhammad Ramzan, having date of birth as mentioned is 01.01.2002, date of birth of her daughter namely Farhana is mentioned as 01.01.2011 and their mother name mentioned as Faiz Bibi; however per Nikahnama, date of marriage is written as 03.12.2000, which is manipulated and appears to be fake only to obtain service benefits of the said Mst. Faiz Bibi. We have also scanned the audit report and found the following recommendations:-

“It is submitted that in NADRA report para No. (a) MINIC bearing No.409-91-291370 in the year, 1991 from DRO in which Faiz Bibi father’s name read as Moula Bux Bhatti (Photocopy of Forms is already annexed as annexure-F) in report. While, as per Form already annexed as annexure-G, G1, Faiz Bibi is written but her father’s name written Khuda Bux so also her Old MNIC number -409-71-291370 is written. Furthermore, in FRC her father name is also Khuda Bux.

It is submitted that as per NADRA Family Registration Certificate son namely Ghulam Mustafa his date of birth is written 01.01.2001, Muhammad Ramzan his date of birth is written 01.01.2002, Farhana her date of birth is written 01.01.2011, their mother name is written Faiz Bibi. While, as per Nikahnama, date of marriage is written 03.12.2000”.

7. After going through the material as discussed above, we found that there is factual controversy as to the genuineness of the Petitioner being husband of Mst. Faiz Bibi, which in our view, requires evidence. Suffice it to say that such factual controversy cannot be resolved by invoking extraordinary constitutional jurisdiction under Article 199 of the Constitution of Pakistan as has been held in cases of Muhammad Younus Khan and 12 others V. Government of N.W.F.P. through Secretary Forest and Agriculture Peshawar and others (1993 SCMR 618), Fateh Yarn Pvt. Ltd. Faisalabad V. Commissioner Inland Revenue Faisalabad and others (2021 SCMR 1133) and Sardar Arshid Hussain and others V. Mst. Zenat Un Nisa and another (2017 SCMR 608). Therefore, this petition is misconceived and hereby dismissed; however petitioner is at liberty to approach Civil Court for seeking a declaration etc, if so advised in accordance with law.

8. These are the reasons of our short order dated:16-09-2021.

J U D G E

J U D G E