ORDER
SHEET
IN
THE HIGH COURT OF SINDH, BENCH AT SUKKUR.
Constt:
Petition No.D- 712 of 2014.
DATE ORDER WITH
SIGNATURE OF HON’BLE JUDGE
FOR
KATCHA PESHI
18th.
March, 2016.
Mr. Ghulam
Mujtaba Sahito, Avocate for petitioner.
Mr.
Shahryar Imdad Awan, Asstt: A.G.
At
the very outset, learned Asstt: A.G raised objection
as to maintainability of instant petition and place on record copy of order
dated 24.11.2015, passed by this Court in C.P.No.D-3134 of 2015 (Re: Pervaiz Ali Shah and others v. Government of Sindh and
others) and submits that the instant petition may be dismissed. Copy of such
order has been provided to learned Counsel for the
petitioner, who submits that instead of dismissing instant petition, instant
petition may be disposed of in terms of Para No.5 & 6 of the order passed
by this Court in the aforesaid case.
Accordingly,
instant petition is disposed of in the following terms.
“5. In view of hereinabove facts and
circumstances of the case, and the aforesaid order passed by a Division Bench
of this Court on the subject controversy, wherein, reliance has been placed on
Judgment of Hon’ble Supreme Court i.e Nizamuddin and others vs. Civil Aviation Authority (1999
SCMR 467) and Pak Com Limited and others vs. Federation of Pakistan (PLD 2011
SC 44). We are not inclined to entertain the disputed claims of petitioner
which otherwise relate to some contractual obligation, therefore, instant
petition is hereby dismissed for being not maintainable.
6.
However, before parting with the
above order, we may observe that Government Departments are required to be fair
and responsive to all contractual obligations, whereas, it is expected that the
respondents may consider the claims of the petitioners strictly in accordance
with law and shall ensure that the admitted outstanding amount against the
respondents, shall be paid to the petitioner within a reasonable period of
time, whereas, efforts shall be made to get all the subject public works
completed within stipulated period as per original scheme and the costs so
determined, to avoid any revision of scheme i.e
enhancement of cost, so that there shall be no loss to the public revenue on
this account.”
Petition
stands disposed of in the above terms.
JUDGE
JUDGE
A.R.BROHI