IN THE HIGH COURT OF SINDH
CIRCUIT COURT, LARKANA
Present:
Irshad Ali Shah, J.
Agha Faisal, J.
CP D642 of 2010 : Pervaiz Ali Abro vs.
Executive District Officer Works
and Services Kamber &Others
For the Petitioner : Mr. Safdar Ali G. Bhutto, Advocate
For the Respondents : Mr. Liaquat Ali Shar, Addl. A.G.
Dates of hearing : 25.01.2022
Date of announcement : 25.01.2022
ORDER
Agha Faisal, J. This petition was filed in 2010 seeking a direction to the respondents to issue appointment order to the petitioner.
2. The prayer was rested on the argument that the respondents had verbally declared to have appointed the petitioner, however, no written order in such regard was even issued, hence, this petition.
3. Learned Addl. A.G. submitted that the claim of the verbal declaration was entirely fictitious and that the record filed by the respondents duly demonstrated that petitioner was never in any list of successful candidates.
4. Heard and perused.The plea of the petitioner is for enforcement of a vested right, however, there is nothing on the record to demonstrate any entitlement of the petitioner to the benefit claimed. Mere assertion of a purported verbal declaration of appointment is perhaps insufficient to merit any entitlement of the petitioner to the relief claimed.
5. Even otherwise the petitioner would be required to prove any entitlement being claimed and the same would entail enquiries of a factual nature, appraisal of evidence / record and conflicting claims, which are not amenable for adjudication in writ jurisdiction[1].
6. In view hereof, this Court is constrained to observe that no case has been set forth for the invocation of the discretionary[2] writ jurisdiction of this Court, hence, this petition is hereby dismissed.
JUDGE
JUDGE