ORDER
SHEET
IN
THE HIGH COURT OF SINDH, KARACHI
C.P.
No.D-3970 of 2011
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Date Order
with signature(s) of the Judge(s)
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1)
For orders on office objection
2)
For Katcha Peshi
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16.05.2013
Mr. Saeed-uz-Zaman, Advocate for Petitioner.
Mr. Sher Muhammad K. Shaikh, Addl: A.G. Sindh.
Dr. Saeed Ahmed Qureshi, Focal
Person, Health Department
Mr.
Zahid Ali, Superintendent Engineer, Works &
Services.
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The instant
petition was filed seeking directions against the respondents to pay a sum of
Rs.1,614,501/- against the construction work done at
Civil Hospital, Karachi. Initially, we were of the view that since the
contractual obligations could not be enforced in constitutional jurisdiction, therefore,
the petition merits dismissal. However, notices were already issued and
comments were received from Works and Services, Health Department and Medical
Superintendent, Civil Hospital, Karachi. Each one of the respondents had admitted
the claim of the petitioner but stated that due to change in the administration
it is to be decided as to whether this amount is to be paid by the Ministry of
Works or Ministry of Health, however, none denied the execution of work or
payment of the amount. Consequently we directed the Secretary, Works and
Services and Secretary Health Department to resolve the issue and submit report
and today minutes of the meeting, held between the Secretaries on 15th
May 2013, have been placed on record, which read as follows:
“By
consent it was decided that since the work executed under directives of Board
of Directors of Civil Hospital Karachi and work was executed by an officer of
the Works & Services Department posted in Health Department on deputation,
hence the summary for release of the required funds will be initiated by the
Health Department, to be routed through Works & Services Department and
Finance Department and submitted to the competent authority i.e. Chief Minister
Sindh, in order to clear the pending liabilities of the petitioner amount to
Rs.1,406,316/-“
Perusal of
minutes of meeting reflects that the petitioner’s claim for the work done is
not disputed but the authority which has to make payment is disputed. Focal
person of Health Department says that he will personally ensure that the
summary is routed and sanction of the Chief Minister in terms of the minutes of
the meeting, reproduced above, is obtained and the payment is made to the
petitioner within 20 days. Counsel for the petitioner says that he has no
objection even if the payment is made after 30 days but this Court should fix
the responsibility of the authority who has to make
payment. In terms of the minutes of meeting we, while disposing of this
petition, observe that in case the payment is not made to the petitioner within
30 days then the Secretary, Health Department shall make the payment to the
petitioner within a week’s time thereafter. It is made clear that in case of
noncompliance of this Order, the Secretary Health Department would expose
himself to the proceedings for disobedience of the directions of this Court.
JUDGE
JUDGE
Gulsher/PA