ORDER SHEET

IN THE HIGH COURT OF SINDH, CIRCUIT COURT, LARKANA.

Constt: Pett; No.D- 673 of 2012

Date                           Order with signature of judge.

                  1.For  orders on office objection as flag A.

2.For orders on M.A No.3515/2012.

3. For orders on M.A No.3515/2012.

4.For Katcha Peshi.

5.For  orders on M.A No.3517/2012.

30.01.2014.

                        Mr. Habibullah G. Ghouri, advocate for the petitioners

Mr. Abdul Hamid Bhurgri, A.A.G a/w Mr. Abdul Rasheed Abro, State Counsel.

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 1.        Deferred.

2.         Dismissed as become infructuous.

3.         Granted subject to all just legal exceptions.

      4&5.    Learned counsel for the petitioner submits that the petitioners after having complied with all codal formalities  were appointed as  Laboratory Attendant BPS-3 by the orders of the competent authority whereafter they joined their  services, their  service book  was prepared  and they were being paid salary regularly. However, per learned counsel, all of sudden  the Regional Director Colleges, Larkana vide order dated 20.06.2012  addressed to the Principal Government, Degree College  Naudero  directed  him to lodge  FIR against the petitioners  as their   appointment letters    were bogus.  Per learned counsel,  on the directions of  Regional Director Colleges, Larkana  the  Principal, Govt. Degree College  Naudero  vide letter dated 20.06.2012  has terminated the services of the petitioner without  issuing any show cause notice  whereas no  opportunity of being heard  was provided to the petitioner which  amounts to violation of principle of natural justice and right of fair trial under Article 10-A of the Constitution of Islamic Republic of Pakistan, 1973, therefore, the petitioner  has  approached   this Court    by filing this petition  U/A 199 of Constitution.   

            Learned A.A.G   has raised  objection  with regard to maintainability of  this petition in terms of bar as contained under Article 212 of the Constitution.  He has submitted that the petitioners were   required under  law to make representation before the  concerned  department  and if  the grievance of the petitioner   would not have been redressed,  the petitioner could have filed                              an appeal before  Sindh Services Tribunal in terms of section 4 of Sindh Civil Servants (Appointment, Promotion and Transfer) Rules, 1974,  which remedy   has not been availed by the petitioners  who can not be allowed  to circumvent  or bypass   such remedy.  It is  prayed in view of recent  judgments of  the Honourable Supreme Court  on the subject and the provisions of Article 212 of the Constitution,  instant petition  is liable to be dismissed in limine.  While confronted with such position, learned counsel for the petitioners  submits that the petitioners  may be allowed to file the representation  before the concerned department  in accordance with the law however, the time  consumed before this Court may be condoned.   Learned A.A.G states that the respondents my be directed to consider the request of the petitioner  for condonation of the time as per their discretion on sympathetic grounds. 

            Keeping in view the facts and circumstances of this case   and in order to avoid any further complicity  in this  matter,   we would dispose of this petition with the direction to the petitioner to approach the proper forum  for seeking redressal of their grievance                          within a period of thirty days from today.   Whereas,  the time consumed  by filing present proceedings before this Court  may not be taken into consideration adversely by the concerned forum as the petitioners have file instant petition  only after one day of the impugned order and there was no delay on behalf of the petitioner in this regard.

            Petition stands disposed off in above terms.

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                                                                                    JUDGE

                                                            JUDGE