Law: Constitution of Pakistan, 1973

Section: 199,18,23,25,25

Law: University of Karachi Act, (XXVI of 1972)

Section: 11,23,24

  Short Summary This constitutional petition was filed under Article 199 challenging withholding of post-retirement/pensionary benefits by the University of Karachi. The petitioner, a retired professor, contended that despite having retired on superannuation and having his pension formally sanctioned, the University unlawfully withheld his remaining dues on the basis of alleged outstanding liabilities and residential occupation issues. The Court held that pension is a vested right under the University of Karachi Pension Statutes, 1972 and cannot be withheld without lawful justification, inquiry, or due process. Since no departmental proceedings or adjudication existed prior to retirement, the Respondents’ justification was found untenable. The Court allowed the petition and directed release/recalculation of all outstanding pensionary benefits. Sections / Articles Used Article 199 – Constitution of Pakistan, 1973 Articles 18, 23, 24, 25 – Constitution of Pakistan, 1973 Sections 11, 23, 24 – University of Karachi Services Pension Statutes, 1972 2 × Two-Word Case Descriptions Pension Withholding Retirement Benefits       O R D E R  The petitioner has filed the captioned Constitutional Petition under Article 199 of the Constitution of the Islamic Republic of Pakistan, 1973, with the following prayer: -   To declare that the petitioner, having served the requisite period of service, is liable to be treated in accordance with the prevailing law and rules and is entitled to receive the post-retirement dues as owed to him in view of his service with the respondent No.2 and as mandated by the provisions of the University of Karachi Services Pension Statutes. Declare that the respondents Nos. 2 to 5, being statutory authorities/corporation is bound by the law and are under the control and ambit of the Government of Sindh, and are to strictly adhere to the aforesaid University of Karachi Services Pension Statutes as well as any ancillary/connected rules, acts, and/ or regulations. Declare that the respondents Nos. 2 to 5 have acted not only in violation of the petitioners' constitutional rights as guaranteed…