ORDER SHEET

IN THE HIGH COURT OF SINDH, KARACHI

C.P. No.D- 157 of 2014

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Date                        Order with signature of Judge

Present

Mr. Justice Muhammad Ali Mazhar.

Mr. Justice Abdul Maalik Gaddi.

Shahid Ali & others                         ...………….               Petitioners

V E R S U S

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

Date of hearing 31.10.2016

Mr. Usman Tufail Sheikh, Advocate for the Petitioners.

Respondent No.5 is present a/w his counsel Mr. Amanullah Lashari advocate.

Mr. Dhani Bux Lahsari, Advocate for the K.W & S.B.

Mr. Abdul Jalil Zubedi, A.A.G. 

Zahid Khan, Assistant Director, H.R D-I, K.W & S.B. 

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Muhammad Ali Mazhar, J: The petitioners have approached this court for the declarations that their services have been regularized vide Notification dated 23.10.1994 and in terms of the Corrigendum dated 06.03.2004. At page 49 an office order is attached in which the names of the petitioners are mentioned.   

2.      The comments of Respondent No.2 are already on record in which this Notification has not been disputed nor the veracity of this Notification and Corrigendum have been denied. It is further stated in the comments of Respondent No.2 that  no  order  has  been  passed  so  far,  therefore,  this

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petition is premature. Zahid Khan, Assistant Director, H.R-I, K.W&S.B also submits that there is no necessity to file this petition in fact the orders of regularization is still in vogue and it has not been withdrawn by the Government of Sindh. On this statement, learned counsel for the petitioners is satisfied. However, counsel for the Respondent No.5 submits that the Respondent No.5 filed an Appeal for his seniority which has not been decided while learned counsel for the petitioners submits that all such appeals were decided earlier and nothing is pending against the seniority of the Respondent No.5. However, the Assistant Director, H.R-I, K.W&S.B submits that there is some matter pending with the Government of Sindh in relation to the Respondent No.5 but the same has not been decided so far. Learned A.A.G will communicate the copy of this order to the Respondent No.2 so that he may check the record and if any appeal of the Respondent No.5 is pending, the same shall be decided by him within forty five (45) days after providing ample opportunity of hearing to the Respondent No.5 and other stakeholders including the petitioners. The petition is disposed of along with pending application

                                                                      JUDGE

                                                JUDGE

Aadil Arab