ADNAN-UL-KARIM MEMON, J. Basically , by means of this petition, the Petitioner is seeking direction to the Respondent-University to implement the order dated 24.9.2019 passed by the Chancellor/Governor Sindh and fix his pay and pension in BPS-21. Petitioner has averred that he stood retired from service of Respondent-University vide office order dated 28.12.2010. Petitioner added that on 16.9.2019 he made an application to Respondents for implementation of the aforesaid order but to no avail. Petitioner being aggrieved by and dissatisfied with the non- action on the part of Respondent-University has filed the instant Petition.
2. Petitioner who is present in person has submitted that he is entitled for pensionary benefits of BPS-21 under hardship cases, as ordered by Respondent No.1 but Respondent No.2 has unfairly and with malafide intention has failed to implement the order of Respondent No.1. He emphasized that he fulfills all the criteria as enumerated in the pension Rules of Respondent-University .
3. In principle Mr. Kamaluddin learned counsel representing the Respondent-University has accepted the stance of the petitioner by submitting that the instant matter needs to be referred to Syndicate of Respondent-University , however , he laid emphasis on the legal position of the case that worthy Governor is not competent to direct Respondent-University as the powers have already been taken over by the Worthy Chief Minister under Sindh University Act, 2018; that the order of Governor Sindh dated 24.9.2019 is corum-non-judice; that the resolution passed by Selection Board on 27.1.201 1 and Syndicate on 26/27.3.201 1 did not recommend the petitioner in BPS- 21 and petitioner failed to challenge the same before competent authority .
3. In rebuttal, the Petitioner has submitted that the order of hardship scheme of pension has been passed by the Governor of Sindh / Chancellor of Public / Government Universities in Sindh before the amendment in Sindh Universities Act and the said order has been passed under hardship case.
4. We have heard the petitioner who is present in person and learned Counsel representing Respondent-University and perused the entire material available on record.
5. This is a matter of grave concern that for several years, the long and unjustified delay in the payment of pension has been a source of tremendous hardship and humiliation to retiring officials and their families. Despite the strictures and orders passed by Honorable Supreme Court of Pakistan in its various pronouncements and simplified guidelines laid down by the Government, petitions on account of delay still persist. Prima-facie, the claim of the Petitioner is admitted by the Respondent-University on the basis of expert opinion rendered by Dr. Anwar Ali Shah Professor Emeritus on 1 1.7.2019.
6. In the given circumstances, instead of travelling into the merits of the case, the petitioner since has retired in the year 2010 we are constrained to direct the competent authority of Respondent-University to take fresh decision in view of expert opinion rendered by Dr. Anwar Ali Shah Professor Emeritus on 11.7.2019 and pay all his perks and privileges to which he was entitled to under the law within [one] month and report compliance through Additional Registrar of this court.
7. The instant Petition stands disposed of in the above terms.