KARACHI: A constitutional bench of the Sindh High Court (SHC) has put the Karachi Metropolitan Corporation (KMC) and others on notices in five identical petitions against the non-payment of dues to its retired employees.

Led by Justice Muhammad Karim Khan Agha, the two-judge bench issued the notices to the respondents — the local government (LG) secretary, KMC and its finance advisers and the director of welfare — and sought a response within six weeks.

Five petitioners, including two retired employees Saleem Aziz and Iqbal Masih of the KMC, and three widows Nustrat, Fozia and Shahnaz of the retired employees, have filed the petitions through their counsel Imtiaz Ali, seeking direction for the respondents to release all the back benefits and gratuity.

The counsel submitted before the court that after their retirement from service, the petitioners approached the concerned authority for the recovery of their back benefits and gratuity, but the KMC and its finance adviser “deliberately linger on the matter on one or the other pretext, which was due to the non-availability of benefits and pension”.

Three widows and two retirees move SHC seeking release of back benefits, gratuity

He contended that the petitioners had met with severe difficulties and were claiming back benefits and gratuity to fulfil other necessities of life.

“The petitioners are suffering from serious mental tortures and agonies and consequently under the circumstances, they moved applications to the respondents for the release of back benefits and pension and gratuity etc., but all in vain,” the counsel stated.

The petitioners are seeking a writ of mandamus and certiorari and issuance of directions to the respondents to release all the back benefits to the petitioners as the respondents are under an obligation of law to do so. But in the matter in hand, the respondents failed to perform their lawful duty which is violation of Article 4 and 29 of the Constitution and they deprive the petitioners from their guaranteed fundamental rights which are inviolable, the counsel argued.

It added that the petitioners came from humble background and their family members are facing difficulties for their livelihood.

The counsel prayed before the court to declare that the petitioners are legally entitled to recover back benefits and gratuities from the KMC as they are bound to act under the framework provided in the Constitution.

He also requested before the court to direct the respondents to release all the back benefits and gratuity forthwith without committing any further delay, as the KMC, being a statutory body, is bound to act in accordance with law. He argued that the recovery of dues is the fundamental right of the petitioners.

The five employees, who retired from the KMC between the year 2020 and 2024, have served in positions ranging from BPS-2 to 6.

Published in Dawn, December 28th, 2024