GHULAM SARWAR CHANG vs PROVINCE OF SINDH through Secretary Agriculture Department Bureau of Supply Government

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GHULAM SARWAR CHANG VS PROVINCE OF SINDH through Secretary Agriculture Department Bureau of Supply Government of Sindh, Karachi arts.9 & 199---Civil service---Pensionary/service benefits/family pension---Fundamental right---Withholding and delay in releasing pensionary benefits / family pension to the employees of autonomous bodies---Effect---Violation of judicial and government directives---Plea of lack of funds to pay the pensionary/service benefits to the 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---Right to life of a person/citizen shall include the right to livelihood and such right, therefore, cannot hang on to 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 for retiring 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 relying on lack of funds was not sufficient to deny the rights of the pensioners---Pension granted or continued to the pensioner was 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---Petitioners had the qualifying length of service to their credit and they gave various reasons to claim the interest on the delayed payments on the premise that they stood retired from services in their respective years, however, in violation of law, they had been denied the pensionary benefits and in some of the cases arrears, which had triggered the cause and hardship to the petitioners to approach High Court---Pensionary benefits could not be stopped or withheld without assigning any cogent reason---High Court directed the Chief Secretary of Sindh to form a Committee to address and resolve pension and service benefits issues for petitioners, including recalculating any arrears and the committee must act according to the relevant Supreme Court ruling on the matter and ensure timely payments---Disciplinary action was also suggested against officials, who neglected these responsibilities---Constitution petition was disposed of accordingly.

GHULAM SARWAR CHANG vs PROVINCE OF SINDH through Secretary Agriculture Department Bureau of Supply Government of Sindh, Karachi arts — 2025 PLC(CS) 12 KARACHI-HIGH-COURT-SINDH

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