ORDER SHEET

IN THE HIGH COURT OF SINDH, KARACHI

C.P No.D- 532 of 2012

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Date                        Order with signature of Judge

Present

                             Mr. Justice Muhammad Ali Mazhar

                             Mr. Justice Abdul Ghani Soomro

Ali Nawaz Hingorjo                           ………..…                  Petitioner

V E R S U S

Province of Sindh & another             ……………           Respondents

Date of hearing 18.08.2016

Mr.Aziz-ur-Rehman Akhund, advocate for the petitioner.

Mr.Abdul Jalil Zubedi, AAG.

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Muhammad Ali Mazhar, J:     The case of the petitioner is that his father was serving the respondents Department as Beldar at Jati Irrigation Sub-Division who stood retired from his service on 31.03.2011 on attaining age of superannuation. The petitioner has also referred to an agreement with Management and Staff Union of respondents on 04.08.2009 and as per condition mentioned in Para No.1, deceased/retired son quota was also fixed. The petitioner submitted an application for his appointment on 20.06.2011 and also referred to settlement/agreement reached between the Union and respondent No.2 but to no avail. It is further stated that the matter is pending since 2011 without any progress and no action has been taken on the application filed by the petitioner. Respondent No.2 has filed his comments in which it is stated that the agreement was signed by his predecessor Executive Engineer with Irrigation Labour Union Sujawal forcibly. It is further stated that the Executive Engineer or Assistant Executive Engineer were not competent to sign alleged agreement nor they were competent for appointment on son quota as there is specific procedure of appointment on son quota, which is to be considered by the higher authorities of the department. Learned AAG argued that if proper application is filed for the appointment being son of retired employee then the application of the petitioner will be considered in accordance with law and necessary orders will be passed on it by the competent authority. So far as the previous settlement/agreement with the Union is concerned the learned AAG again reiterated that the Executive Engineer had no authority to sign any agreement with the Union. Learned counsel for the petitioner on this proposal has shown his willingness to move application for the appointment of the petitioner to the Competent Authority, however, he has requested that some time frame may be fixed to decide the application of the petitioner.

          As a result of the above discussion, this petition is disposed of alongwith listed application with directions that if any fresh application is filed by the petitioner alongwith photocopy of the earlier application, the Competent Authority shall decide the same within two months, and if the petitioner is found entitled in accordance with law for the appointment being son of retired employee of the Irrigation Department, his appointment letter shall be issued. The petitioner shall also attach copy of his testimonial with the application.

Copy of this order may be transmitted to learned Advocate General Sindh for compliance.    

                                                                                         JUDGE

JUDGE

S.Soomro/P.A