Law: Constitution of Pakistan, 1973

Section: 199

Summary: The petitioner, widow of late Zahoor Ahmed Solangi, an Accounts Officer at SITE Ltd., approached the court under Article 199 of the Constitution of Pakistan seeking release of Rs. 2,900,000/- withheld from her deceased husband’s pensionary benefits. The husband was previously dismissed over alleged corruption, acquitted by the Anti-Corruption Court, and reinstated with seniority but without arrears for the period out of service. SITE Ltd. withheld part of the pension, citing alleged misappropriation, but the civil recovery suit was dismissed for non-prosecution. The Court held that pension is a vested right; in absence of any final adjudication of liability post-reinstatement, the withholding was unlawful. The Court directed SITE Ltd. to release the amount and recalculate benefits within 30 days. Legal Basis / Sections Invoked: Article 199, Constitution of Pakistan, 1973 – Jurisdiction of High Court for enforcement of legal/public rights. Pension / service jurisprudence – Supported by precedents like PLD 2016 SC 456; 2011 SCMR 1041; 2017 SCMR 130 (not statutory sections but relevant legal principles). 2 Two-Word Descriptions for Case: Pension Dispute Widow Relief O R D E R  Petitioner has filed this Constitution Petition under Article 199 of the Constitution of the Islamic Republic of Pakistan 1973, seeking the following relief:- To direct the respondents to release the amount of Rs. 29,00,000/-, which was illegally withheld by the respondents vide order dated 22.05.2025; To direct the respondent No.1 to recalculate the pensionary benefits as per the benefits given to other similarly placed employees/batch mates.   Learned counsel for the petitioner submits that the petitioner is the widow of late Zahoor Ahmed Solangi, who served as an Accounts Officer in SITE Ltd. Karachi since 1989. He contends that during service, the deceased was falsely implicated in a corruption case, from which he was ultimately acquitted by the learned Anti-Corruption Court after a full trial. Despite such acquittal and subsequent reinstatement in service pursuant to orders of the superior courts, the department failed to grant her full service…