ABID HUSSAIN TALPUR vs PROVINCE OF SINDH through Secretary, Local Government Department art

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ABID HUSSAIN TALPUR VS PROVINCE OF SINDH through Secretary, Local Government Department art.9---Civil service---Pension---Pensionary/service benefits---Family pension---Withholding and delay in releasing pension to employees of autonomous bodies---Effect---Violation of judicial and government directives---Plea of paucity of funds to pay the pensionary/service benefits to retired employees and their families taken by the respondents---Legality---Pension, like salary, is a regular source of livelihood and thus is protected by the right to life enshrined in and guaranteed by art.9 of the Constitution, and right to life of a person/citizen shall include the right to livelihood and such right, therefore, cannot hang on the fancies of individuals in authority---Pension is not a bounty from them i.e. individuals in authority, nor can its survival be at their mercy---Long and unjustified delay in payment of pensions has been a source of tremendous hardship and humiliation to retired officials and their families---Despite strictures and orders passed by the Supreme Court of Pakistan in its various pronouncements, and simplified guidelines laid down by the Government, petitions on account of delay persist---Merely stating lack of funds is not sufficient to deny the rights of the pensioners---Pension granted or continued to the pensioner is not liable to seizure by the department under Pension act, 1871, and the rules framed thereunder---Government has no power to withhold gratuity, pension or any service benefits at any stage either before the proceeding or after the conclusion of the proceedings, if any---High Court directed the Chief Secretary of Sindh to form a committee to address and resolve pension and service benefit issues of the petitioners, including recalculation of any arrears and the committee must act according to the law laid down by the Supreme Court in the case of Haji Muhammad Ismail Memon (PLD 2007 SC 35) and ensure timely payments---Disciplinary action was also suggested against officials, who neglected these responsibilities---Constitution petition was disposed of accordingly.

ABID HUSSAIN TALPUR vs PROVINCE OF SINDH through Secretary, Local Government Department art — 2024 PLC(CS) 1186 KARACHI-HIGH-COURT-SINDH

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