IN THE HIGH COURT OF SINDH

CIRCUIT COURT, LARKANA

 

Present:

Irshad Ali Shah, J.

Agha Faisal, J.

 

CP D 121 of 2010                :           Abdul Shakoor &Othersvs.

E.D.O (CDD) &Others

 

For the Petitioners               :           Mr. Fida Hussain Shah,Advocate

 

For the Respondents          :           Mr.Abdul Hamid Bhurgri

                                                            Additional Advocate General

                                                           

Dates of hearing                  :           02.03.2022

 

Date of announcement      :           02.03.2022

 

ORDER

 

Agha Faisal, J.         The petitioners claim to have been rendering services to the respondents since the year 2010, however, without any salary or remuneration, hence, this petition. The learned Addl. A.G. drew attention to the comments of the respondents No.2 and 3 to demonstrate that the claim of employment by the petitioners was rested on fake and fabricated documents and that the petitioners have never performed any regular duty with the respondents. It is further stated that the posts to which the petitioners claim entitlement stood abolished. The learned Addl. A.G. has submitted that any employment in government service has to be predicated upon an advertised, competitive recruitment process open to all eligible candidates and that surreptitious employment otherwise than in accordance with a transparent recruitment process cannot be sanctioned. It is observed that the very employment of the petitioners has been denied by the respondents, therefore, the question of release of any salary would at best the premature in the present circumstances. Even otherwise, while the petitioners may seek to dispute the factum/ record pleaded by the respondents, the writ jurisdiction of this Court is not an amenable forum for such an exercise. In view hereof, we are of the considered view that no case has been set forth for the exercise of discretionary writ jurisdiction of this Court, hence, this petition is dismissed.

 

                                                                   JUDGE

 

JUDGE