ORDER SHEET

HIGH COURT OF SINDH AT KARACHI

C.P.No.D-4561 of 2016

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Date Order with signature of Judge

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For Direction

For hearing of CMA No.30874/16 (Contempt).

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23.02.2017.

Mr. Muhammad Arshad Khan Tanoli, Advocate for the petitioners.

Mr. Abdul Jalil Zubedi, A.A.G.

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This contempt application has been filed on the ground that the respondent No.2 has not complied with the order dated 20.09.2016 passed by this court. Thereafter, comments were called from the alleged contemnors. In the comments it has categorically been stated by the alleged contemnors that the directions issued vide order dated 20.09.2016 have been complied with in its letter and spirit. Learned counsel for the petitioners has admitted that compliance has been made by the alleged contemnors, however, states that the seniority of the petitioners has been disturbed. The learned A.A.G however states that this Court only directed the respondent No.2 to look into the representation filed by the petitioners and to finalize the seniority list in accordance with the relevant rules, which aspect has duly been complied with and the petitioners if aggrieved with the seniority list may adopt the legal procedure as available to them under the law.

We have heard both the learned counsel at some length and have perused the record. There is no denial to the fact that the directions issued by this court vide order dated 20.09.2016 to the respondent No.2 to look into the representation filed by the petitioners and to finalize the seniority list in accordance with the relevant rules within 45 days has been complied with. So far as the issue of seniority of the petitioners is concerned, we are of the view that the same could not be agitated in the instant contempt application being a separate cause of action. Hence we do not find any non-compliance of the order on the part of the alleged contemnors since they were only required to finalize the seniority list as per the relevant rules which compliance admittedly has been made and if the petitioners are not satisfied with the said seniority list they may adopt the legal procedure as available to them under the law. This contempt application stands disposed of accordingly.

JUDGE