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