4117/2019 Const. P. Dr. Muhammad Ali Abbasi (Petitioner) V/S Province of Sindh & Others (Respondent)
Bench: Hon'ble Mr. Justice Muhammad Karim Khan Agha, Hon'ble Mr. Justice Adnan-ul-Karim Memon(Author)
4117/2019 Const. P. Dr. Muhammad Ali Abbasi (Petitioner) V/S Province of Sindh & Others (Respondent) Sindh High Court
Bench: Hon'ble Mr. Justice Muhammad Karim Khan Agha, Hon'ble Mr. Justice Adnan-ul-Karim Memon(Author) Order Date: 28-JAN-25
So far as the stance of the respondent that the claim of annual increases is a policy decision of the provincial government and the KMC has no objection if the provincial releases funds for annual increase annual increases @ Rs. 15% and 10 % for the year 2019-20 and 2020-2021. 9. KMC claims to be an autonomous body and has not adopted the increases, so the petitioner's claim is invalid. The petitioner counters that increases have been paid (per bank statements), and the KMC is obligated to continue them. 10. Without touching the merits of the case of the issue of annual increases in the pensionary emoluments of the petitioner, in terms of policy decision of the provincial government, such annual increase, if permissible in the case of employees of KMC, requires further assessment to be made by the court of plenary jurisdiction. KMC's reluctance due to funding issues and lack of adoption of provincial increases, creates a factual dispute that cannot be resolved in writ jurisdiction, requiring the petitioner to pursue other legal avenues.