ORDER SHEET

IN THE HIGH COURT OF SINDH, KARACHI

C.P.No.D-2528 of 2016

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Order with signature of Judge

For Direction/Maintainability

1.For order on Misc.No.12143/16 (urgent)

2.For order on office objection No.2

3.For order on Misc.No.12144/16 (exemption)

4.For hearing of Main Case

05.05.2016

Mr.Ghulam Sarwar Chandio, advocate for the petitioner

………

1. Urgency granted.

3. Exemption granted.

2-4. Infact through this petition, the petitioner has approached this court for directions against the respondents to prepare the working papers and convene the meeting of DPC to consider the promotion for the post of Assistant Controller (BPS-17). The petitioner himself has attached copy of judgment passed by Sindh Service Tribunal in Appeal No.145/2014 which was disposed of vide short order dated 28.11.2014, in the following terms:-

“For the detailed reasons to be recorded later on, the appeal is allowed in the terms that the impugned order dated 08.04.2014 is hereby set-aside. The respondent No.3 shall revert to his earlier post in BS-16. The matter is remanded to the respondent No.2 with the direction to prepare combined seniority list of all the members in scale 16 in service and thereafter working paper be prepared in respect of the officers working BS-16, Printing and Stationery Department, Government of Sindh for fresh consideration. Working paper for promotion to the post of Assistant Controller, BPS-17 be prepared strictly in accordance with West Pakistan (Sindh), Printing and Stationery Service Class-I Rules, 1962, with particular reference to Rule 5(b)”.

When we asked the learned counsel for the petitioner as to why he failed to approach learned Service Tribunal for execution and implementation of this order, he submits that application was filed and the respondent No.3 has been reverted back to his earlier post and seniority list has already been prepared but working paper for promotion to the post of BS-17 has not been prepared so far in accordance with West Pakistan (Sindh), Printing and Stationery Service Class-I Rules, 1962, therefore, he submits that last direction given for preparing working papers should also be implemented for which he has approached this court for direction.

The learned Service Tribunal has passed a detailed order covering all aspects of the case and the learned Tribunal is well within its powers to take all appropriate measures for execution and implementation of its judgment. The proper remedy is available to the petitioner to approach learned Tribunal for implementation of judgment, therefore, this petition is not maintainable. The petitioner may avail the proper remedy in accordance with law. Petition is disposed of.

J U D G E

J U D G E