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IN THE HIGH COURT OF SINDH AT KARACHI

C. P. No. D-_____________/ 2018

Abdul Hai………………….……...………………….………….....Petitioner

VERSUS

Federation of Pakistan & others…………..……..………..Respondents

AFFIDAVIT IN SUPPORT OF PETITION

I, Abdul Hai s/o Abdul Majeed, Muslim, adult, r/o R/o A. No.
A-640, Block-N, North Nazimabad, Karachi holding CNIC # 42101-
1779552-3, Cell No. 0334-3153554 do hereby state on oath as
under:-

1. I say that I am the Petitioner in the captioned matter and, as


such, am well conversant with the facts of the above case.

2. I say that the accompanying Memo of Petition has been


drafted and filed under specific instructions, and the contents
thereof are true and correct to the best of my knowledge and
belief as such nothing has been suppressed from this
Honorable Court, hence the same is liable to be entertained
by this Honorable Court.

3. That for the sake of brevity I have not repeated the contents of
the accompanying memo of petition therefore, the same may
be treated as part and parcel of this affidavit.

4. That unless the accompanying memo of petition is allowed,


the Petitioner shall be seriously prejudiced.

5. That whatever stated above is true and correct to the best of


my knowledge and belief.

Deponent
Karachi
Dated -07-2018
Identify by me;

Advocate
Verification
Solemnly affirmed before me at Karachi on this ___ day of July, 2018 by
the deponent above named who is identified to me by Masood Ahmed
Bhatti Advocate who is personally known to me.

COMMISSIONER FOR TAKING AFFIDAVIT


IN THE HIGH COURT OF SINDH AT KARACHI

C.M.A. No.___________/2018
in
C. P. No. D-___________/2018

Abdul Hai………………….……...………………….………….....Petitioner

VERSUS

Federation of Pakistan & others…………..……..………..Respondents

APPLICATION UNDER RULE 9 CHAPTER III-B VOL. V OF SINDH


CHIEF COURT RULES, FOR URGENT HEARING

For the facts and grounds mentioned in the accompanying affidavit,


It is respectfully prayed that this Honourable Court may be pleased to fix
the hearing of above Petition in Chamber / Court on
_______/07/2018 as the matter is urgent one need kind consideration of
this Honourable Court.

Prayer is made in the interest of justice.

ADVOCATE FOR PETITIONER

Karachi
Dated: -07-2018
IN THE HIGH COURT OF SINDH AT KARACHI

C.M.A. No.___________/2018

in

C. P. No. D-___________/2018

Abdul Hai………………….……...………………….………….....Petitioner

VERSUS

Federation of Pakistan & others…………..……..………..Respondents

AFFIDAVIT

I, Abdul Hai s/o Abdul Majeed, Muslim, adult, r/o R/o A. No. A-
640, Block-N, North Nazimabad, Karachi holding CNIC # 42101-
1779552-3, Cell No. 0334-3153554 do hereby state on oath as under:-

1. I say that I am Petitioner in the captioned matter and, as such, am


well conversant with the facts of the above case.

2. I say that I am the Petitioner in the captioned matter and, as such,


am well conversant with the facts of the above case.

3. I say that the accompanying application for urgent hearing is


drafted and filed under my instructions and contents thereof are
true and correct to the best of my knowledge and belief.

4. That for the sake of brevity I have not repeated the contents of the
accompanying memo of petition therefore, the same may be treated
as part and parcel of this affidavit.

5. That unless the accompanying memo of petition is allowed, the


Petitioner shall be seriously prejudiced.

6. That whatever stated above is true and correct to the best of my


knowledge and belief.

Karachi Deponent
Dated: -07-2018
Identify by me

Advocate
Verification
Solemnly affirmed before me at Karachi on this ___ day of July,
2018 by the deponent above named who is identified to me by Masood
Ahmed Bhatti Advocate who is personally known to me.

COMMISSIONER FOR TAKING AFFIDAVIT


IN THE HIGH COURT OF SINDH AT KARACHI

C.M.A. No.___________/2018
in
C. P. No. D- ___________/2018

Abdul Hai………………….……...………………….………….....Petitioner

VERSUS

Federation of Pakistan & others…………..……..………..Respondents

APPLICATION FOR EXEMPTION

For the facts and ground mentioned in the accompanying affidavit,


It is respectfully prayed that this Honorable Court may be pleased to
exempt the Petitioner from filling original of the annexure annexed with
this Memo of Petition as the same are not readily available with the
Petitioner, hence this application in the interest of justice.

Prayer is made in the interest of justice.

ADVOCATE FOR PETITIONER

Karachi
Dated: -07-2018
IN THE HIGH COURT OF SINDH AT KARACHI

C.M.A. No.___________/2018

in

C. P. No. D-___________/2018

Abdul Hai………………….……...………………….………….....Petitioner

VERSUS

Federation of Pakistan & others…………..……..………..Respondents

AFFIDAVIT

I, Abdul Hai s/o Abdul Majeed, Muslim, adult, r/o R/o A. No. A-
640, Block-N, North Nazimabad, Karachi holding CNIC # 42101-
1779552-3, Cell No. 0334-3153554 do hereby state on oath as under:-

1. I say that I am the Petitioner in the captioned matter and, as such,


am well conversant with the facts of the above case.

2. I say that the accompanying application for exemption is drafted


and filed under my instructions and contents thereof are true and
correct to the best of my knowledge and belief.

3. That for the sake of brevity I have not repeated the contents of the
accompanying memo of petition therefore, the same may be treated
as part and parcel of this affidavit.

4. That unless the accompanying memo of petition is allowed, the


Petitioner shall be seriously prejudiced.

5. That whatever stated above is true and correct to the best of my


knowledge and belief.

Karachi Deponent
Dated: -07-2018
Identify by me

Advocate
Verification
Solemnly affirmed before me at Karachi on this ___ day of July,
2018 by the deponent above named who is identified to me by Masood
Ahmed Bhatti Advocate who is personally known to me.

COMMISSIONER FOR TAKING AFFIDAVIT


IN THE HIGH COURT OF SINDH AT KARACHI

C.M.A. NO. ____________/2018


in

C. P. No. D-_____________/ 2018

Abdul Hai………………….……...………………….………….....Petitioner

VERSUS

Federation of Pakistan & others…………..……..………..Respondents

APPLICATION UNDER SECTION 151 CPC

For the facts and grounds mentioned in the accompanying affidavit,


It is respectfully prayed that this Honourable Court may be pleased to
grant priority to the hearing of above matter so that proceeding of
the case could take place on ‘FAST TRACK’ as the Petitioner is 80
years old senior citizen and is entitled to such indulgence in view of the
Honourable High Court of Sindh Karachi Circular bearing
No.Gaz/XII.2.14(HC)(1) dated 16th October,2012 as such office may be
directed to change the file cover to ‘RED”

Prayer is made in the interest of justice.

Karachi

Dated: -07-2018 ADVOCATE FOR PETITIONER


IN THE HIGH COURT OF SINDH AT KARACHI

C.M.A. No._______________/2018
in

C. P. No. D-_______________/ 2018

Abdul Hai………………….……...………………….………….....Petitioner

VERSUS

Federation of Pakistan & others…………..……..………..Respondents

AFFIDAVIT

I, Abdul Hai s/o Abdul Majeed, Muslim, adult, r/o R/o A. No. A-
640, Block-N, North Nazimabad, Karachi holding CNIC # 42101-
1779552-3, Cell No. 0334-3153554 do hereby state on oath as under:-

1. I say that I am the Petitioner in the captioned matter and, as such,


am well conversant with the facts of the above case.
2. I say that the accompanying application has been drafted for
hearing of the case on “Fast Track” as per policy guideline of this
Honorable Court.
3. I say that I being above 81 years old senior citizen as such entitled
to priority in the hearing of this matter on Fast Tract basis as the
instant petition’s cause of action is “Pension & Medical Benefits”.
It is further stated that in ordinary course the hearing of the above
matter is being fixed after long intervals which may cause
frustration and financial suffering continue till end of life.
4. That for the sake of brevity I have not repeated the contents of the
accompanying memo of petition therefore, the same may be treated
as part and parcel of this affidavit.
5. That unless the accompanying application is allowed, the Petitioner
shall be seriously prejudiced.
6. That whatever stated above is true and correct to the best of my
knowledge and belief.

Karachi Deponent
Dated -07-2018
Identify by me
Advocate
Verification
Solemnly affirmed before me at Karachi on this ___ day of July, 2018 by
the deponent above named who is identified to me by Masood Ahmed
Bhatti Advocate who is personally known to me.

COMMISSIONER FOR TAKING AFFIDAVIT


IN THE HIGH COURT OF SINDH AT KARACHI

C.M.A. NO._____________/2018
in

C. P. No. D- ___________/2018

Abdul Hai………………….……...………………….………….....Petitioner

VERSUS

Federation of Pakistan & others…………..……..………..Respondents

APPLICATION UNDER SECTION 151 CPC SEEKING ACTION IN


ACCORDANCE WITH DICTUM LAID DOWN IN JUDGMENT PLD 2007
SC 35

Respectfully Sheweth;

1. That through the instant application, the petitioner humbly seeks


indulgence of this Hon’ble Court for initiating contempt proceedings
against the respondent for willfully disobeying disregarding and
blatantly violation of direction of the Hon’ble Supreme Court
reported PLD 2007 Supreme Court 35 rel. para # 11.

2. That the Petitioner brought his case before the Respondent No. 2 &
3 but who deliberately failed to discharge their Constitutional
commitments as required under Art. 190 of the Constitution. It was
not an optional for the Respondents to follow judicial orders at their
own sweat will and choice.

3. That the respondents conduct speaks that they are not willing to
decide pension issue case as it is pending with them for about more
than last 5 years.

4. That the Hon’ble Supreme Court directed all officers deployed to


serve general public within the limit by the Constitution as well as
by the law, would not cause unnecessary hurdle or delay in
finalizing payment of pensionary/retirement benefits particularly
relating to payment of pension and shall strictly adhere to pension
rules and clear such cases within a period not more than two
weeks without fail. Violation of directions of the Hon’ble Supreme
Court would amount to criminal negligence and dereliction of duty
assigned to them. [PLD 2007 SC 35rel. pg. 43 A]
5. That the Hon’ble Supreme Court was pleased to pass direction in
para # 11 of PLD 2007 SC 35 in following terms;

“11. We also direct that in future if there is any delay in the


finalization of the pension benefits cases of the government
servants , widows or orphan children and matter is brought to
the notice of this Court, the head of the concerned department
shall also be held liable for the contempt of the Court and shall
be dealt with strictly in accordance with law.”

6. That the petitioner has brought to the notice of this Hon’ble Court
an established willful and deliberate delay in settling the pension
case of the Petitioner therefore in the view of such circumstances
and the settled law, it is the statutory duty of this Hon’ble Court to
take serious view of this situation and pass appropriate orders for
establishing the rule of law in the respondent organization as its
management is bent upon violation of the secured rights of the
petitioner.

PRAYER

1. In view of the above, it is most respectfully prayed that this Hon’ble


Court may graciously be pleased to accept this application and
contempt proceedings may kindly be initiated against the
respondent as having committed willful disobedience and disrespect
to the Constitution, law and dictum laid down by the Supreme
Court reported at PLD 2007 Supreme Court 35 and kindly be
punished in the strictest manner in accordance with law. The name
and address is identified as Mr. Daniel Ritz son of not known,
President & CEO, Pakistan Telecommunication Company Ltd, Block
E, PTCL H/Qrs, Sector G-8/4, Islamabad and Mr. Hamid Farooq,
Managing Director, Pakistan Telecommunication Employees
Trust, Tele-House, Mauve Area, G-10/4, Islamabad-44000. Prayer is
made in the interest of justice.

PETITIIONER

Karachi
Dated: -07-2018

ADVOCATE FOR PETITIONER


IN THE HIGH COURT OF SINDH AT KARACHI

C.M.A. NO._____________/2018

in
C. P. No. D- / 2018

Abdul Hai………………….……...………………….………….....Petitioner

VERSUS

Federation of Pakistan & others…………..……..………..Respondents

AFFIDAVIT IN SUPPORT OF APPLICATION UNDER SECTION 151 CPC


SEEKING ACTION IN ACCORDANCE WITH DICTUM LAID DOWN IN
JUDGMENT PLD 2007 SC 35

I, Abdul Hai s/o Abdul Majeed, Muslim, adult, r/o R/o A. No. A-
640, Block-N, North Nazimabad, Karachi holding CNIC # 42101-
1779552-3, Cell No. 0334-3153554 do hereby state on oath as under:-

1. I say that I am the Petitioner in the captioned matter and, as such,


am well conversant with the facts of the above case.

2. I say that the accompanying application is drafted and filed under


my instructions and contents thereof are true and correct to the
best of my knowledge and belief.
3. That for the sake of brevity I have not repeated the contents of the
accompanying memo of application/petition therefore, the same
may be treated as part and parcel of this affidavit.
4. That unless the accompanying application is allowed, the Petitioner
shall be seriously prejudiced.
5. That whatever stated above is true and correct to the best of my
knowledge and belief.

Karachi Deponent
Dated: -07-2018
Identify by me

Advocate
Verification
Solemnly affirmed before me at Karachi on this ___ day of July, 2018 by
the deponent above named who is identified to me by Masood Ahmed
Bhatti Advocate who is personally known to me.

COMMISSIONER FOR TAKING AFFIDAVIT


IN THE HIGH COURT OF SINDH AT KARACHI

C.M.A. NO._____________/2018
in
C. P. No. D- /2018

Abdul Hai………………….……...………………….………….....Petitioner

VERSUS

Federation of Pakistan & others…………..……..………..Respondents

APPLICATION UNDER SECTION 151 CPC SEEKING ACTION IN


ACCORDANCE WITH DICTUM LAID DOWN IN JUDGMENT PLD 2013
SC 195

Respectfully Sheweth;

1. That through the instant application, the petitioner humbly seeks


indulgence of this Hon’ble Court for initiating proceedings against
the respondent No.1, the State functionary for willfully and
deliberate failed to apply legal principles which are settled by the
Hon’ble Supreme Court of Pakistan which has clearly and
unambiguously attracted to the case has thus exposed him to
proceedings under Art. 204 (2)(a) of the Constitution in the light
of dictum laid down by the Supreme Court judgment reported at
PLD 2013 Supreme Court 195 [p. 209] M.

2. That the Petitioner brought his case vide applications dated 25-03-
2018, 18-01-2018, 19-10-2011 etc before the Respondent No.1 but
who deliberately failed to discharge his Constitutional commitments
as required under Art. 190 of the Constitution. It was not an
optional for the Respondent No.1 to follow judicial orders at his own
sweat will and choice.

3. That the respondents conduct speaks that they are not willing to
decide issues of the instant pension case as it is pending for about
more than last 5 years.

4. That the petitioner has brought to the notice of this Hon’ble Court
an established willful and deliberate failure of the Respondent
No.1State functionary to apply legal principles brought to his
knowledge which clearly and unambiguously attracted to the
instant case therefore he has liable to proceedings under Art. 204(2)
(a) of the Constitution. In the view of such circumstances and the
settled law, it is the statutory duty of this Hon’ble Court to take
serious view of this situation and pass appropriate orders for
establishing the rule of law in the respondent organization as its
management is bent upon violation of the secured rights of the
petitioner.

PRAYER

1. In view of the above, it is most respectfully prayed that this Hon’ble


Court may graciously be pleased to accept this application and may
kindly be initiate appropriate action against the Respondent No.1
having failed to apply legal principles brought to his knowledge
which clearly and unambiguously attracted to this case thus he is
liable to proceedings under Art. 204 (2) (a) of the Constitution in
accordance with dictum laid down by the Supreme Court reported
at PLD 2013 Supreme Court 195 and kindly be punished in the
strictest manner in accordance with law. The name and address is
identified as Mr. Aamir Ashraf Khawaja Secretary (IT & Telecom),
Ministry of Information Technology and Telecom, 4th, Floor,
Evacuee Trust Complex, Aga Khan Road, F-5/1,Islamabad

Prayer is made in the interest of justice.

Karachi PETITIIONER
Dated: -07-2018

ADVOCATE FOR PETITIONER


IN THE HIGH COURT OF SINDH AT KARACHI

C.M.A. NO._____________/2018

in
C. P. No. D- / 2018

Abdul Hai………………….……...………………….………….....Petitioner

VERSUS

Federation of Pakistan & others…………..……..………..Respondents

AFFIDAVIT IN SUPPORT OF APPLICATION UNDER SECTION 151 CPC


SEEKING ACTION IN ACCORDANCE WITH DICTUM LAID DOWN IN
JUDGMENT PLD 2013 SC 195

I, Abdul Hai s/o Abdul Majeed, Muslim, adult, r/o R/o A. No. A-
640, Block-N, North Nazimabad, Karachi holding CNIC # 42101-
1779552-3, Cell No. 0334-3153554 do hereby state on oath as under:-

1. I say that I am the Petitioner in the captioned matter and, as such,


am well conversant with the facts of the above case.

2. I say that the accompanying application is drafted and filed under


my instructions and contents thereof are true and correct to the
best of my knowledge and belief.

3. That for the sake of brevity I have not repeated the contents of the
accompanying memo of application/petition therefore, the same
may be treated as part and parcel of this affidavit.

4. That unless the accompanying application is allowed, the Petitioner


shall be seriously prejudiced.

5. That whatever stated above is true and correct to the best of my


knowledge and belief.

Karachi Deponent
Dated: -07-2018
Identify by me

Advocate
Verification

Solemnly affirmed before me at Karachi on this ___ day of July, 2018 by


the deponent above named who is identified to me by Masood Ahmed
Bhatti Advocate who is personally known to me.

COMMISSIONER FOR TAKING AFFIDAVIT