THE HIGH COURT OF SINDH AT KARACHI
C.P.No.D-2639 of 2023
Present: Mr. Justice Naimatullah Phulpoto
Justice Mrs. Kausar Sultana Hussain
Petitioner : Javaid
Masih through Ch. Abdul Sattar Abid advocate
Respondents : Mr.
Hakim Ali Shaikh Addl. A.G
Mr.
Muhammad Altaf advocate for KMC
Date of Hearing : 30.08.2023
Date of
Judgment : 30.08.2023
JUDGMENT
NAIMATULLAH
PHULPOTO, J.- Through
this Constitution Petition filed under Article 199 of the Constitution of
Pakistan, 1973, against the respondents, the petitioner has prayed for the
following reliefs:
a.
It is most
respectfully prayed on behalf of the above named petitioner that this
Honourable Court may be pleased to pass an order to all the above named
respondents for payment of remaining legal dues/ benefits, Gratuity, provident
fund, insurance amount and arrears of pension amount W.E.F 10/11/2018 to
31/10/2020 @ Rs. 19,361.89 per month total accumulated amount Rs.1,006,818.28
along with 30% of mark up of bank rate may be allowed on the pension amount as
well as of other legal dues and services benefits according to the service rule
and Regulation.
b.
That the above
named petitioner is also entitled to claim his aggrieved period more than four
year @ approximately Rs. 28,000/- per month in the shape of monthly salary from
the date of retirement dated 10/11/2018 till to disposal of this case.
c.
Any other equitable
relief which this honorable court may deem fit & proper may also be
granted.
2. Notices were issued against the
respondents as well as A.G. Parawise comments are filed by the respondent No.1
Secretary Health Department.
3. Counsel for the petitioner submits that
petitioner Javaid Masih was serving as sanitary worker in BS-02 in DMC(s) and
retired from KMC on attaining the age of superannuation. It is submitted that
arrears of the petitioner are still due against the respondents and the
respondents No.3 and 4 are responsible.
4. Mr. Muhammad Altaf advocate appearing
on behalf of the KMC submits that petitioner has retired from DMC South.
However, it is not disputed that there are some arrears of the petitioner to be
paid by the respondents. It appears that Apex Court in the case of Haji
Muhammad Ismail Memon advocate, complainant (PLD 2007 SC 35) has held that:
“7. It is pathetic
condition that Government servants, after having served for a considerable long
period during which they give their blood and sweat to the department had to
die in a miserable condition on account of non-payment of pension/pensionary
benefits etc. The responsibility, of course, can be fixed upon the persons who
were directly responsible for the same but at the same time we are of the
opinion that it is an overall problem mostly in every department, where public
functionaries failed to play their due role even in accordance with law.
Resultantly, good governance is suffering badly. Thus everyone who is
responsible in any manner in delaying the case of such retired
officers/official or widows or orphan children for the recovery of
pension/gratuity and G.P. Fund has to be penalized. As their such lethargic
action is in violation of Articles 9 and 14 of the Constitution of Islamic
Republic of Pakistan, 1973. Admittedly, it is against the dignity of a human
being that he has to die in miserable condition and for about three years no
action has been taken by the concerned quarters in finalizing the pension case
and now when the matter came up before the Court, for the first time, they are
moving in different directions just to show their efficiency and to clear their
position before the Court. Such conduct on their behalf is highly condemnable
and cannot be encouraged in any manner.”
5. In view of above and while relying upon
above cited authority, we hold that petitioner is entitled for arrears and
respondents No.3 and 4 are responsible to pay arrears to petitioner. Resultantly,
petition is disposed of with direction to the respondents No.3 and 4 to pay arrears
to the petitioner within 15 days under intimation to this Court through MIT-II
of this Court.
JUDGE
JUDGE