' This order will dispose of Writ Petitions Nos. 1538 and 68 of2001.
2. Facts giving rise to the present writ petitions are to the effectthat the petitioners were appointed as employees of the Town Committee Khairpur Tamewali which has .Now been replaced by Tehsil Council in the present set-up. The petitioners in Writ Petition No,1538 of 2001 were retired on 24-7- 2000 after completing their period of superannuation and Azim Bakhsh Bhatti, petitioner, in Writ Petition No,68 of 2001 who served as Octroi Inspector was declared surplus on account of abolition of Zila Tax and Octroi Tax in the Province of Punjab vide Memo. No,SOIV(LG)2-179/97, dated 2-8- 1999. These petitioners had applied to the Town Committee for the release of their pensionary benefits but being disappointed from the conduct of the respondents, they have approached this Court for the issuance of direction to the respondent for making payment of pension/ commutation.
2. Mr. Abdul Ghani, Tehsil Municipal Officer was summoned who, appeared in the Court today and stated that out of pension fund of the employees of the Town Committee, 13 Saving Certificates total valuing Rs,4,26,180 were purchased in the year 1994 just to add profit in this fund so that the amount of this fund may be increased and now the total amount with the profit has been increased upto Rs,12,57,135 and if this amount is encashed, the pensionary benefits of the present petitioners and other retired employees, namely, Nazzar Hussain and one Noor Muhammad can be released. He further submitted that certain letters were written to the Secretary Local Government for permission to encash the said certificates but uptil now he has conveyed no response.
3. There is no cavil with the fact that the petitioners were recruited as employees of the establishment of Tehsil Council Khairpur Tamewali, They rendered services to the Town Committee and after completing their age of superannuation, they were retired and one Azim Bakhsh, petitioner, was declared surplus due to abolition of collection of octroi system in the Punjab. The employees who served from the core of their heart during the period of their service, when retired, are entitled for pension/gratuity and other retiring benefits. It is the law that a person isentitled to receive the pensionary benefits at the time of his retirement.
5. The petitioners, namely, Nisar Ahmad, Jabbar Ali, Nazzar Hussain and Gulzar Hussain had been retired on 24-7-2000, while, Azim Bakhsh petitioner was declared surplus on 2-8-1999. Since the day uptil now, they are pursuing to get their pensionary benefits but their all efforts have become abortive. The pensionary benefits actually is the amount which is deducted from the monthly salaries of the employees so that a lump sum amount be paid to them after their retirement. It is very painful that after year's of their retirement the petitioners are in search of their own money. It has come to the notice of the Court that most of the local bodies have not maintained and deposited the pensionary funds of the employees in the concerned particular Head of account rather this amount had been used/invested/incurred in some other matters/projects without caring or taking into consideration that this money of the employees could not be used for any other purpose except for the purpose, it was deducted from the salaries of the employees. This type of instances are sufficient to spoil the image of any administration, which is matter of great regret. It is the god luck of the petitioner that some amount is lying in the shape of Defence Saving Certificates with Tehsil Council with the efforts of some wise persons who have sympathies to the employees. Although the officers of the Tehsil Council made their efforts to seek permission for encashment of this amount but they became prey of the authority of Secretary Local Government who did not bother to exercise his jurisdiction for the benefit of poor and retired employees.
6. In case the State functionaries failed to exercise their authority in the benefit of the employees of their department then their action and negligence are not immune from judicial scrutiny by this Court and this Court is under legal obligation to exercise its Constitutional jurisdiction to redress the grievance of the poor and helpless employees.
7. The Tehsil Municipal Officer present in Court, has shown his inability to encash the Defence Saving Certificates in fear of the audit objections and the Secretary of the Local Government Punjab has also not come to rescue the poor petitioners, thus, there is no option left with this Court to come forward in aid of justice and for the redressal of the grievance of the petitioners.
8. For the foregoing reasons, these writ petitions are accepted as prayed for. The respondent. Tehsil Municipal Officer (Mr. Abdul Ghani) is directed to get encashed the above-referred Defence Saving D Certificates and disburse the pension/gratuity . Benefits to -all thepetitioners including Nazar Hussain and Noor Muhammad retired employees who have not approached this Court.