Law: Constitution of Pakistan, 1973

Section: 199

Law: Code Of Civil Procedure, 1908.

Section: 171

Law: Sindh Civil Servants (Appointment, Promotion and Transfer) Rules, 1974

Section: 6(3)

Summary The petitioner, a retired Deputy Director of the Karachi Water & Sewerage Corporation (KW&SC), sought release of his withheld pensionary benefits, including commutation, CP Fund, and leave encashment, which were delayed due to an objection regarding his date of birth. The respondents argued that the petitioner's original medical assessment at appointment fixed a different date of birth, resulting in his alleged overstay in service. The Court held that the petitioner's appointment as a minor was protected under the Government of Sindh's "boy service" policy and that his service after attaining the age of 18 constituted valid qualifying service. Since his service records consistently reflected the same date of birth and no fraud was established, the respondents could not challenge his service record after retirement. The Court directed release of all pensionary and retiral benefits, holding that the objection was legally unsustainable. Sections / Articles Used Article 199, Constitution of Pakistan, 1973 Rule 171, Civil Services Rules, Volume-I Rule 6(3), Sindh Civil Servants (Appointment, Promotion & Transfer) Rules, 1974 Rule 4.1, Sindh Civil Servants Pension Rules, 1986 Two 2-Word Descriptions Pension Entitlement Boy Service   O R D E R  The petitioner has filed the captioned Constitutional Petitions under Article 199 of the Constitution of the Islamic Republic of Pakistan, 1973, with the following prayer(s): - Declare that the impugned action and objection raised by Respondent No.6 are illegal, arbitrary, unlawful, and void ab initio; declare that the petitioner’s service from 17.06.1980 till 02.02.2024 was valid, legal, and continuous for all purposes; Direct the Respondents, particularly respondent No. 06, to immediately release the petitioner’s pension Commutation amount along with a markup of 20% per annum from February 2024 until full realization of the amount, in the interest of justice and equity;   To direct the respondent NO.4, to release the payment of C.P. Fund Final, Bill rupees Rs. 4,71,456/- and the leave encashment in lieu of LPR, Bill passed on 26th March 2024, amounting to…