ORDER SHEET
IN THE HIGH COURT OF SINDH, BENCH
AT SUKKUR.
Constt:
Petition No.D- 314 of 2013
DATE ORDER WITH SIGNATUR EOF
HON’BLE JUDGE
FOR KATCHA
PESHI.
24th.
February, 2016.
Mr. Sarmad Qurban Jiskani, Advocate for
petitioners.
Mr. Shafique Ahmed Leghari, State Counsel along
with Dr. Nazir Ahmed Memon, Senior
Medical Officer, on behalf of Respondent No.2 D.H.O, Khairpur & also on
behalf of Respondent No.1.
Through
instant petition, the petitioners have sought the following reliefs:-
(a) That this Hon’ble
Court may be pleased to declare the acts of respondents of withholding the
salary of petitioners as illegal, null and void, without any lawful authority
and having no legal sanctity in the eyes of law thus may graciously be pleased
to direct respondents to release the salaries of petitioners from the date of
her appointment till to date forthwith.
(b) That this
Hon’ble Court may be pleased to direct the respondents No.1 to 3 to regular the
petitioners.
(c) To grant any
other relief deemed fit and proper under the circumstances of the case.
Notices were issued
pursuant to which comments have been filed by respondents, wherein the claim of
the petitioners have been seriously denied and disputed. It has been stated
that the documents regarding the petitioners No.6 to 9 are forged and fake,
whereas, the petitioners No.1 to 5 did not complete their 15 months basic
L.H.W.S training nor attended the office of respondents for last several
years. Learned State Counsel further
submits that the petitioners have no locus standi to seek their regularization
in service as they never remained in service. Moreover, they were given
contract employment pursuant to National Programme for Family Planning &
Primary Health Care. While confronted
with such position, learned counsel for the petitioners could not
satisfactorily respond to such objection.
We
have heard the learned Counsel for the parties and perused the record, which
reflects that claim of the petitioners have been seriously disputed by the
respondents, whereas, instant petition has been filed after a considerable
lapse of time, suffers from latches which is not explained. Accordingly, we do
not find any substance in the instant petition, which is dismissed. However,
the petitioners may approach the respondents for consideration of their case in
accordance with law and the decision of Hon’ble Supreme Court of Pakistan,
whereby according to learned Counsel for the petitioners, the services of
contract employees have been regularized, provided their case is at part to
such employees as stated by learned Counsel for the petitioners.
JUDGE
JUDGE
A.R.BROHI