HIGH COURT OF SINDH, KARACHI

C.P No.D-1013 of 2016

C.P No.D-2457 of 2014

Before:-

Mr. Justice Muhammad Ali Mazhar Mr.Jutice Muhammad Iqbal Mahar

Pervaiz Ali Shah, Petitioner: Mr.Bhajandass Tejwani, advocate

through

Province of Sindh & Others: Mr.Adnan Karim Memon, A.A.G. a/w

through Mr.Ghulam Ali Brahmani, Additional Secretary (Services) S&GAD

Date of Hearing : 25-05-2016

Date of Judgment : 25-05-2016

O R D E R

MUHAMMAD ALI MAZHAR---J. In C.P No.D-2457 of 2014 the Petitioner has only challenged the Notification dated 02.05.2014, issued by the Services & General Administration and Coordination Department, Government of Sindh, whereby the Petitioner was directed to report Works and Services Department for further orders. This Notification was challenged on the ground that it was issued in violation of Sindh Government Rules of Business, 1986, and verdict of the hon’ble Supreme Court of Pakistan in C.P No.802-K/2010. In another C.P No.D-1013 of 2016 the same Petitioner has challenged the Notification dated 12^th February, 2016, which was issued by the Services & General Administration and Coordination Department, Government of Sindh in pursuance of the judgment passed by the hon’ble Supreme Court in Criminal Original Petition No.89 of 2011 and Civil Petition No. 193 of 2013. The name of the Petitioner was shown at Serial No.5 and he was directed to report to his parent department i.e. Education Works, Education & Literacy Department.

2. Learned counsel for the Petitioner argued that the parent department of the Petitioner was Works and Services Department, in which he was originally appointed / inducted therefore, there was no reason to relieve him and direct to report Education Works, Education & Literacy Department.

3. Mr. Adnan Karim Memon learned A.A.G has produced a copy of paper book which was submitted in the hon’ble Supreme Court in Crl.Misc.No.354 of 2015 and Crl.Misc.No. 486 of 2013. In fact this is a compliance report submitted in the apex court. At Page No.37 of the compliance report, the names of various persons are mentioned including petitioner who were directed to report their parent department and absorption / appointment by transfer were also cancelled and withdrawn. Along with the compliance report, the Government of Sindh had filed the Notification dated 12.02.2016. The hon’ble Supreme Court of Pakistan passed the order on 29.03.2016 in which certain directions were also given in Paragraph-3, which are reproduced as under:-

“3. The officers, who have been ordered to be repatriated under the notification issued by the Government of Sindh/concerned Departments shall immediately join their parent departments and, likewise, the officers, who have been demoted in their substantive pay scales”

4. The learned A.A.G submits that since the compliance report has already been submitted therefore, this Court has no jurisdiction to entertain this petition. However; he further submits that the department has realized an error and according to them the parent department of the Petitioner was Works & Services Department therefore, the learned A.A.G with the assistance of the Additional Secretary, Services & General Administration Department submits that the Government of Sindh wants to file an application in the hon’ble Supreme Court of Pakistan so that the correct facts may be placed on record in relation to the Petitioner and such application will be moved by the Government of Sindh within ten (10) days according to the learned A.A.G.

5. The learned counsel for the Petitioner is satisfied with the statement given by the learned A.A.G in presence of the Additional Secretary, Services & General Administration Department. By consent both the petitions are disposed of accordingly.

J u d g e

BrohiPS