ORDER SHEET

IN THE HIGH COURT OF SINDH AT KARACHI

C.P. No.D-2385 of 2014

Date	Order with signature of Judge

1. For hearing of Misc. 11706/14

2. For hearing of main case.

Dated: 03.11.2015

Mr. S. Shoa-un-Nabi for petitioners.

Mr. Sh. Liaquat Hussain, standing counsel.

Mr. Abdul Jalil Zubedi, AAG.

-.-.-

It is an admitted fact that the petitioners are the civil servants and they have approached this Court for the Ph.D. allowance extended through notification dated 01.09.2015. This petition is pending since 2014 and the learned AAG has raised objection that it is not maintainable keeping in view bar contained in Article 212 of the Constitution. The learned counsel for the petitioners has himself attached copy of order passed by the Sindh Services Tribunal in Appeal No.110 of 2007 in which the appellant was allowed this allowance.

After arguing the matter at some length, the learned counsel for the petitioners submits that the petitioners be allowed to submit their representation to the departmental authority whereafter they may file the appeal before the Sindh Service Tribunal, if the need be, on which learned AAG has no objection. Order accordingly.

In our understanding this is a continuing cause of action because the allowance is being claimed on monthly basis, therefore, let the petitioner move his representation to the competent authority in accordance with law.

Petition stands disposed of in the above terms along with pending applications.

Judge

                                                                              Judge