ORDER SHEET

IN THE HIGH COURT OF SINDH, KARACHI

C.P. No.D-2389 of 2016

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Date                        Order with signature of Judge

 

Present  

Mr. Justice Muhammad Ali Mazhar.

Mr. Justice Abdul Maalik Gaddi.

 

Muhammad Naeem                         ...………….                 Petitioner

 

V E R S U S

 

Province of Sindh & others             …………….           Respondents

 

Date of hearing 27.10.2016

 

Syed Nadeem-ul-Haq, Advocate for the Petitioner.

 

Mr. Ali Asadullah Bullo, Advocate for the Respondents.

 

Mr. Irfan Ali Abro, Law Officer, LDA

 

Mr. Abdul Jalil Zubedi, A.A.G.

 

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Muhammad Ali Mazhar, J: On last date of hearing, Mr. Ali Asadullah Bullo undertook to file Vakalatnama but today again he undertakes to file the same in the office but according to the directions issued earlier, he has called the Law Officer of Lyari Development Authority (“LDA”) who is present in court. The petitioner has approached this court for the implementation of his regularization order.

 

2.      The brief facts are that in the year 2010, the petitioner was issued an offer letter on temporary basis to the post of Junior Clerk in the Horticulture Department, LDA, however, vide office memorandum dated 15.03.2013, his services were regularized as Chowkidar in Pay Scale 2 with the directions to report for duty within ten days. The copy of office memorandum is available at page 259 of the court’s file. On 22.03.2013, the petitioner was sent for medical fitness certificate  to  the  Services  Hospital,  Government   of   Sindh,

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Karachi and, thereafter, he submitted his joining. Copy of medical fitness certificate, medical examination letter and joining report are attached at page 261 to 265. The grievance of the petitioner is that despite issuing his regularization order, he was not allowed to join. He also sent letters to the Director General, LDA but no response was conveyed, therefore, he filed this petition.   

 

3.      The notice of this petition was issued on 29.04.2016 but no comments have been filed. When we confronted office order to the Law Officer, he submits that on the same day various letters were issued for regularization, thereafter, a Committee was constituted to look into the matter but nothing has been placed on record to show that office order of the petitioner was cancelled or withdrawn. The Court cannot wait for an unlimited period of time for filing the comments when reasonable opportunity has already been given to the respondents.

 

4.      In view of the available record, it is clear that the petitioner’s services as chowkidar were regularized after due process of law which could not be cancelled or withdrawn without due process of law.

 

5.      As a result of above discussion, the Respondents are directed to implement the regularization letter within fifteen (15) days and allow joining to the petitioner. The petition is disposed of accordingly along with pending application.                        

                                                                      JUDGE

                  

                                                JUDGE

Aadil Arab