ORDER SHEET
IN
THE HIGH COURT OF SINDH, BENCH AT SUKKUR.
Constt:
Petition No.D- 787
of 2009.
DATE ORDER WITH
SIGNATURE OF HON’BLE JUDGE
1-
For Katcha
Peshi
2-
For hearing of CMA.No.2268/2009
(Stay)
19th.
January, 2016.
Mr
Ghulam Shabbir Dayo, Advocate for petitioners.
Mr.
Liaquat Ali Shar, Addl: A.G
Mr.
Noor Hassan Malik, Asstt: A.G.
Through
instant petition, the following reliefs have been sought by the petitioners:-
(a)
That this Hon’ble Court
may be pleased to declare that the act of the Respondents No.2 to 4 regarding
stoppage of salaries of the petitioners since 2002-2003 till today is illegal, malafide, ultra vires, without lawful authority and in
violation of legal and fundamental rights as guaranteed under the Constitution
of Pakistan, 1973.
(b)
That this Hon’ble Court
may be pleased to declare that due to lack of show cause notice or termination
letter, if any, the petitioners are deemed to be continuously in service, hence
they are entitled for the release of their salaries.
(c)
That this Hon’ble Court
may be pleased to grant mandatory injunction thereby direct the Respondent No.4
to release the salary of the petitioners as claimed by them, till disposal of
this petition.
(d)
To award the costs of the petition.
(e)
Any other relief which this Hon’ble
Court deems fit and proper under the circumstances of the case.
Notices were issued, pursuant
to which comments have been filed on behalf of official respondents, wherein
the claims of the petitioners have been seriously denied and disputed and it
has been stated that the documents furnished by petitioners regarding their
alleged appointment with the respondents are forged and bogus. Objection with
regard to maintainability of instant petition has also been raised by learned Addl: A.G who submits that instant petition besides
involving disputed facts also suffers from latches which has not been
explained, whereas, according to learned Addl: A.G,
instant petition has been filed after the lapse of about 08 years from the date
of their alleged appointment in the year, 2002-2003 and when the salary of
petitioners was allegedly stopped by the respondents. It has been further
stated that if claim of petitioners is accepted that they are civil servants,
they are required to approach the Service Tribunal for redressal
of their grievance, whereas, instant petition is not maintainable in terms of
Article 212 of Constitution of Islamic Republic of Pakistan, 1973.
While
confronted with such factual and legal position, the learned Counsel for the
petitioners could not submit any response, however, an inquiry may be directed
to be conducted in respect of the claim of the petitioners and the respondents
may be directed to scrutinize all the documents / service record of the
petitioners by associating the petitioners and provide opportunity to explain
their case. It has been contended that the petitioners will seek their remedy
in accordance with law in case of any adverse report in this regard.
In view of hereinabove
facts and circumstances, we are of the view that the instant petition is
misconceived and is not maintainable on the point of latches, whereas,
seriously disputed facts have been agitated by petitioners. Moreover, the
matter pertains to terms and conditions of employment which cannot be examined
by this Court under Article 199 of the Constitution of Islamic Republic of
Pakistan, 1973 in view of bar as contained under Article 212 of the
Constitution. However, since petitioners have reportedly not been issued any
show cause notice or termination order as alleged in the instant petition
pursuant to their alleged employment with the respondents, we deemed it
appropriate to direct the petitioners to approach the concerned authority with
their claim along with relevant documents, which may be examined strictly in
accordance with law and rules, thereafter proper order may be passed after
conducting inquiry into the allegations as contained in the instant petition.
Petitioners may be at liberty to seek any further remedy against any adverse
order as per Law.
Petition
stands dismissed in the aforesaid terms along with listed application.
JUDGE
JUDGE
A.R.BROHI