ORDER
SHEET
IN THE HIGH COURT
OF SINDH BENCH AT SUKKUR.
C.P No. D-
639 of 2012
_____________________________________________________________________ DATE ORDER WITH SIGNATURE
OF JUDGE ______________________________________________________________________
1.
For orders on office objections.
2.
For katcha Peshi.
3.
For hearing of CMA 3395/2012.
11.05.2016
Mr. Gulzar Ahmed Malano advocate associate of Mr. Qurban
Ali Malano counsel for petitioner.
Mr. Ghulam Abbass Akhter, Advocate for
respondents.
Mr. Yousif Ali Standing Counsel.
…….
Learned
counsel for the respondents has raised an objection as to maintainability of
instant petition and submits that petitioner, after having been retired from
Pakistan Railways in the year 1993, has still occupied the railway quarter in
violation of law and policy, whereas, as per policy of Pakistan Railways
department, railway quarters are allotted to the serving employees of Pakistan
Railways. In support of his contention, learned counsel for respondents has
placed his reliance in the case of Muhammad Anwar Tippu Versus
G.M Pakistan Railway and others reported in 2003 SCMR 1957.
While confronted with
such legal position as finally determined by the Honourable Supreme Court in
cited judgment, learned counsel for the petitioner
could not satisfactory refute such legal objection as raised by learned counsel
for the respondents, however submits that respondents may be directed to
consider the case of petitioner in accordance with law and as per policy,
keeping in view identical cases on the subject.
Accordingly, instant
petition stands disposed of along with listed application, with directions to
the respondents to act strictly in accordance with law and as per policy of
Pakistan Railways relating to allotment of Railway quarters, however, keeping
in view the aforesaid cited Judgment of Honourable Supreme Court of Pakistan on
the subject controversy.
J
U D G E
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Irfan/PA J U D G E