Case Details

Citation(s)
2026 SLG 603 2026 SLD 603 = 2026 SHC 385
Sindh High Court
C.P. No.D-3474 of 2024
Presented By: Mr. Justice Adnan-ul-Karim Memon Mr. Justice Zulfiqar Ali Sangi
Date of hearing and order:- 19.02.2026 Mr. Ghulam Umar, advocate for the petitioners along with Petitioner Nos. 1, 2, and 19 are present in person. Ms. Zehra Sehar Vayani assisted by Ms. Wajiha Mehdi DAG

(Shoukat Ali Khawaja & others

VS

 Federation of Pakistan & others)

Law: Constitution of Pakistan, 1973

Section: 199,9,25

Summary: The petitioners, retired officers of Pakistan Machine Tool Factory (PMTF), filed a constitutional petition under Article 199 seeking revision of their pensions and commutation benefits according to Revised Pay Scales 2017 and 2022 and corresponding Adhoc Relief Allowances (ARA). PMTF argued financial constraints and that pension revision depended on organizational approval. The Court held that PMTF, being substantially government-controlled and functioning under public authority, falls within constitutional jurisdiction. Pensionary benefits are vested legal rights protected under Articles 9 and 25. Denying the same benefits extended to similarly placed employees of other SEC units (HMC and HEC) constituted unlawful discrimination. The Court directed PMTF and SEC Pension Fund to recalculate and release the revised pensions and arrears within three months, with compliance to be reported within four weeks. Sections / Articles Referenced: Article 199, Constitution of Pakistan, 1973 – Writ jurisdiction / constitutional petition Article 9, Constitution of Pakistan, 1973 – Right to life / legal entitlements (pension) Article 25, Constitution of Pakistan, 1973 – Equality before law / non-discrimination Due process & vested rights – Pensionary benefits as statutory and protected 2 × 2-Word Descriptions: Pension Revision Discriminatory Denial O R D E R  The petitioners have filed the captioned Constitutional Petition under Article 199 of the Constitution of the Islamic Republic of Pakistan, 1973, with the following prayer: - To direct the Respondent No.4 SEC Management Pension Fund (SECMPF), NOT to disburse pension Commutation as per Revised Pay Scale-2017 and 2022. However, the pension and Commutation disbursement process should continue to all the pensioners of SECMPF based on the pay scale-2016, as is applicable to PMTF pensioners. To direct the Respondent NO.2 to grant and pay all the eligible PMTF officers, the revised pay scale-2017 & 2022, and all Adhoc Relief Allowance (ARA) i.e., (ARA 2017 @ 10% of basic pay, ARA @10% of basic pay, and @ 05% of Basic pay) as per the Notifications issued by the Government of…
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