ORDER SHEET

IN THE HIGH COURT OF SINDH, CIRCUIT COURT, LARKANA

     Constt.Petition No.D-292 of 2023.

         

DATE

OF HEARING

ORDER WITH SIGNATURE OF HON’BLE JUDGE

 

Before:

                                                                                 Mr. Justice Irshad Ali Shah.

                                                                                      Mr. Justice Arbab Ali Hakro.

 

1.     For orders on M.A.No.1089/2023.

2.     For orders on office objections ‘A’

3.     For orders on M.A.No.1090/2023

4.     For orders on M.A.No.1091/2023

5.     For hearing of main case.

24.05.2023

 

                        Mr. Sajjad Ahmed Kalhoro, Advocate for the petitioner.

 

                                                =*=*=*=*=*=*=*=*=

 

 

 

1.                     Urgency granted.

2.                     Deferred.

3.                     Deferred.

4 & 5.              It is contended by learned counsel for the petitioner that the petitioner was appointed by the respondents in year 2006 as Computer Operator on Contingence basis; in year 2009 his service book was maintained as Beldar and in year 2015 he was promoted as Junior Clerk. In year 2018 he was transferred and directed to join the office of Assistant Engineer, Highways Sub Division Warrah, which he was not allowed to be joined. Subsequently he came to know that he has been suspended by the Executive Engineer, Highways Division Qamber-Shahdadkot. By contending so, he sought for direction against the respondents to take the petitioner back in service, release his salary and refrain from suspending or dismissing him from the service. If it is believed that the service book of the petitioner was maintained as Beldar then he was promoted as Junior Clerk by the respondents, then such fact prima facie suggests that he is regular employee, as such, issue of his suspension, stoppage of his salary or transfer relating to terms and condition of his services  being civil servant could not be adjudicated by this Court in its constitutional jurisdiction in presence of bar contained by Article 212 of Constitution of Islamic Republic of Pakistan, 1973. Consequently, the instant petition being misconceived is dismissed in limine.

                                                                                                        JUDGE

                                                                                  JUDGE