IN
THE HIGH COURT OF SINDH BENCH AT SUKKUR
Constt:
Petition No.D–391 of 2012.
|
DATE
OF HEARING |
ORDER WITH SIGNATURE OF
JUDGE. |
1.
For hearing of
CMA No.1517/18.
2.
For hearing of
main case.
14.11.2019
Mr. Bakhshan Khan Mahar Advocate
for petitioners.
Mr. Zulfiqar Ali Naich AAG.
********
The
petitioners through instant petition have prayed as under;
a) To direct respondents to
pay amount of allowances and salaries to the petitioners for the entire period
of their training and service and continue the same till further orders of
this Honourable Court .
b) To restrain the respondents from terminating
their services of the petitioners and allow them to perform their duties as
Lady Health Workers.
The Case of the petitioners is that
they had appointed as Lady Health Workers under National Program for Family
Planning and Primary Health Care in Khairpur district. It is argued that
respondents have paid salaries to other Lady Health Workers but they have
deprived to pay their training expenses as well as salaries though they have
retained the services of the petitioners therefore, petitioners have filed this
petition for seeking directions against the respondents to pay amount of
allowances and salaries and restraining from terminating their services.
Notice was issued to the
respondents. On Notice respondent No.2 filed his comments in which he has
denied the contents of the petition. Further he has mentioned in the comments
that petitioners have never performed their duties after completing their 15
months basic training as per report dated 18.4.2012 issued by Medical
Superintendent RHC Sobhodero and their names have not been recommended for
selection list therefore, they are not entitled for the relief sought by them.
The petitioners have
admitted that they have been appointed
on 29.11.2008 and till 2012 they were working without getting salary but
it is a fact that instant Constitution Petition was filed on 20.02.2012.
Nothing has been mentioned in this petition as to why the petitioners were
waiting for such a long time about 05 years. Learned AAG placed on record copy
of order passed by Honourable Supreme Court in civil petition No.186-K/2013 in
which also laches was taken into consideration by the Apex Court, even
otherwise as per comments filed by the respondent No.2 the petitioners after
completing their 15 months basic training did not turn and went asleep.
In our view the petition is
hit by laches so also disappearance from their duties after completing their 15
months basic training hence, petition being meritless is dismissed along with
listed application.
J U D G E
J
U D G E
Ihsan.