Case Details

Citation(s)
2026 SLG 2075 2026 SLD 2075 = 2026 SHC 363
Sindh High Court
Constitutional Petition No. D-815 of 2023,Constitutional Petition No. D-6024 of 2023,Constitutional Petition No. D-6025 of 2023,Constitutional Petition No. D-5344 of 2025,Constitutional Petition No. D-4491 of 2025,Constitutional Petition No. D-4492 of 2025,Constitutional Petition No. D-4493 of 2025,Constitutional Petition No. D-4488 of 2025
Presented By: Mr. Justice Adnan-ul-Karim Memon Mr. Justice Zulfiqar Ali Sangi
Date of hearing and order: 18.2.2026 Mr. Muhammad Arshad Khan Tanoli advocate for the petitioners in CP No. D-815 of 2023 Mr. Mushtaq Ahmed Chandio advocate for the petitioners in CP Nos. D-4488, 4491, 4492, and 4493 of 2025 Mr. Riaz Moin Siddiqui advocate for the petitioners in CP Nos. D-6024 and 6025 of 2023 M/s Khursheed Javed and Naseer Ahmed advocates for the respondent /KDA Mr. Asif Jan Siddiqui, Director General KDA Mr. Aamir Hussain, Additional Secretary, Local Government Department Mr. Raza Ali Shah, Assistant Director (Law) SGA&CD

(Qazi Muhammad Abdul Qadir & others

VERSUS

Province of Sindh & others) (Khaliq-un-Zaman versus Province of Sindh & others) (Muhammad Arif Khan versus Province of Sindh & others) (Saleem Akhtar versus The Secretary Finance, Government of Sindh & others) (Mst. Javeria Mobashir versus Province of Sindh & others) (Syed Obaid Ahmed versus Province of Sindh & others) (Syed Muhammad Sohail versus Province of Sindh & others) (Manzoor Hussain versus Province of Sindh & others)

Law: Constitution of Pakistan, 1973

Section: 204

Case Summary This case relates to non-payment of pensionary and post-retirement dues by the Karachi Development Authority despite repeated court directions. The Court had already granted time for compliance, but the authority failed to release the dues or submit any proper compliance report. KDA argued financial constraints and stated that dues would be paid through future recovery of funds. The Court held that pension is a vested legal right and cannot be withheld on the basis of financial difficulties. Reliance was placed on Supreme Court precedents confirming that pensionary benefits are enforceable rights and delay in payment violates fundamental rights. The Court further observed that non-compliance of its orders may attract contempt proceedings under Article 204 of the Constitution. However, as a final indulgence, the Court granted two more months to the authority to clear all outstanding dues, failing which contempt proceedings may be initiated. Sections / Legal Provisions Used Article 204 (Constitution of Pakistan, 1973) Fundamental Rights (enforcement principle related to pension rights) Pension is treated as a vested statutory right (principle from case law, not a specific section) Two-Word Case Descriptions Pension Recovery Court Compliance Rights Enforcement Contempt Warning Delayed Pension   O R D E R; This Court, vide order dated 19.1.2026, had granted six weeks to the respondent/Government of Sindh for compliance, which remains unfulfilled as the petitioners’ dues have not been paid. No report has been submitted by the responsible KDA officers. Learned counsel for KDA explained that due to a financial crunch since its revival in 2016, paying all dues in a single installment would affect current employees’ salaries and pensions. KDA plans to recover funds through the auction of certain commercial plots, and pending post-retirement dues shall be disbursed within two months. Copies of relevant correspondence were filed.   In view of the above facts and circumstances, it is an admitted position that despite the clear directions of this Court vide orders dated 19.01.2026 and 27.01.2026, the respondent, Karachi Development…
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