ORDER SHEET

IN THE HIGH COURT OF SINDH, KARACHI

C.P No.D- 1976 of 2014

______________________________________________________

Date                        Order with signature of Judge

Present

Mr. Justice Muhammad Ali Mazhar

Mr. Justice Muhammad Iqbal Mahar

Ayaz Ahmed                                     ………..…             Petitioner

V E R S U S

Federation of Pakistan, & others    ……………            Respondents

Date of hearing 10.05.2016

Mr. Ali Asadullah Bullo advocate for petitioner.

Mr. Zulfiqar Ali Langha Advocate for Respondents

Shaikh Liaqat Hussain Standing Counsel.

Abdul Latif, Director (Law), E.O.B.I

Waseem Ahmed Siddiqui Director (H.R.), E.O.B.I.

Abraiz Khan, Assistant Director, E.O.B.I.

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Muhammad Ali Mazhar, J: The Petitioner has challenged the Officer Order No.77 of 2014 dated 17.03.2014 through which various officers in pursuance of the judgment passed by hon’ble Supreme Court in Constitution Petition No.6 of 2011 were terminated. In the impugned Office Order, the findings of the hon’ble Supreme Court is also reproduced as under:-

“All the illegal appointments, deputations and absoptions made in the EOBI, as detailed in the report of fact finding committee on recruitment/appointment, are declared to be without lawful authority and of no legal effect. Accordingly their services stand terminated forthwith”

2.      Learned counsel for the Petitioner submits that the case of petitioner does not come within the ambit of this Judgment. He further submits that in the Fact Finding Committee, petitioner was also a co-opted member.

3.      Learned counsel for the Respondents with the assistance of officers present in court argued that the petitioner was regularized vide Office Order No.367 of 2012 dated 27.08.2012 and his name is appearing at Sr. No.1. This regularization order was passed by the Cabinet Sub-committee, constituted for regularization of contingent/contractual employees. The officers present in court also pointed out the report of Fact Finding Committee available at page 91 in which all the illegal appointments were considered and discussed and the Fact Finding Committee concluded that prescribed Rules and procedures were not followed while making the appointment in E.O.B.I. Equal opportunities were not provided to all aspirants for the appointments in E.O.B.I by not holding written test. Appropriate selection committees were not constituted, compromises were made on qualifications etc. It is further stated that principle of fair play, transparency and rules of natural justice were also compromised.

4.      We have also seen the order passed by the hon’ble Supreme Court in Constitution Petition No.6 of 2011 and H.R.C No. 49012-P of 2010 and in Para-27, the hon’ble Supreme Court held that all the illegal appointments, deputations and absorptions made in the E.O.B.I., as detailed in the report of Fact Finding Committee on recruitment/ appointment, are declared to be without lawful authority and of no legal effect.

5.      At this juncture, after a detailed Judgment passed by the Apex Court and in pursuance thereof, various persons were terminated by the K.P.T, this court cannot examine as to whether the Judgment of the Apex Court applies to the petitioner’s case or not. The proper remedy was to invoke the jurisdiction of the Apex Court if the petitioner had any grievance in this regard. Petition is dismissed.          

                                                                             JUDGE

                                                JUDGE

Aadil Arab