IN THE HIGH COURT OF SINDH
CIRCUIT COURT, LARKANA
Present:
Irshad Ali Shah, J.
Agha Faisal, J.
CP D184 of 2012 : Imamuddin Chandio vs.
Province of Sindh &Others
For the Petitioner : Mr. Habibullah G. Ghouri, 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 2012 seeking directions to the respondents for release of salary of the petitioner with effect from 02.10.2010, notwithstanding the fact that the para-wise comments of the respondents demonstrate that the appointment order of the petitioner was cancelled/ withdrawn, interalia, on account of submission of fake B.A certificate.
2. Petitioner's learned counsel submitted that there was no question of any fake B.A certificate, however, the original instrument had not been placed on record for verification despite the order of this Court dated 01.04.2021.
3. Learned Addl. A.G. submitted that petition was misconceived, as there was no question of salary when the appointment itself had been found to be illegal.
4. Heard and perused. Since the very tenancy of the petitioner's employment is in dispute, the question of unpaid salary could only be determined subsequent to determination of the inter se relationship, if any. The said exercise would require enquiries of a factual nature, appraisal of evidence / record and conflicting claims, which are not amenable for adjudication in writ jurisdiction[1].
5. 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