ORDER SHEET

HIGH COURT OF SINDH AT KARACHI

C.P.No.D-968 of 2009

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Date Order with signature of Judge

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1. For hearing of CMA No.7751/ /12 (Contempt)

2. For hearing of CMA No.7752/2012 (Stay)

(Progress report and statements filed as flagged) (Notice dated 22.02.2017 filed as flagged ‘A’ (Order forwarded)

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21.03.2017.

Mr. Faizan H. Memon, Advocate for the petitioner.

Mr. Abdul Jalil Zubedi, A.A.G along with Zahid, Deputy Secretary (Appeal) SGA&CD.

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Today a statement of Saeed Ahmed Shaikh, Deputy Secretary (Services), SGA &CD has been filed by the learned A.A.G stating therein inter alia as under:

“It is, however, submitted that the promotion case of the petitioner shall be re-considered by the Departmental Promotion Committee for promotion to the post of Assistant Commissioner (BS-17) in ex-PCS cadre, by the Departmental Promotion Committee meeting or through circulation, in accordance with the orders dated 09.03.2010 of the Honourable Court purely on merits without any regard whatsoever pendency of any criminal or civil case against him and he shall be promoted, accordingly, as soon as the minutes of the earlier DPC meeting are received from the Competent Authority”.

Statement filed by the learned A.A.G is taken on record. In view of this statement, the instant applications are disposed of with directions to the Secretary, SGA & CD to do the needful within three weeks as specifically stated in the statement and compliance report in this regard be furnished before this Court through M.I.T of this Court within one month’s time. It is clarified that if needful is not done, as specifically mentioned in the statement, appropriate action could be initiated against the Secretary, Services, General Administration & Coordination Department, Government of Sindh. Let a copy of this order be sent to the said Secretary for information and compliance.

JUDGE

Gulzar/PA

ORDER SHEET

HIGH COURT OF SINDH AT KARACHI

C.P.No.D-2289 of 2008

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Date Order with signature of Judge

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For Direction

For hearing of CMA No.37467/2015 (151)

(Statement, C/A and preliminary legal objection filed as flagged)

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21.03.2017.

Mr. Imtiaz Hussain Solangi, Advocate for the petitioners.

Mr. Tufail Usman Shaikh, Advocate for respondents No.2 & 3/PIA.

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The instant petition was disposed of vide order dated 13.8.2009 by giving the following directions:

“We would dispose of the instant petition with similar directions. The respondents shall consider the case of the petitioners and shall give them an opportunity to meet out the criteria for the appointment / recruitment of the loader/baggage attendant in the respondents No.2 and 3 establishment, as and when such vacancies are available”.

Thereafter the contempt application bearing CMA No.8813/2010 has been filed on the ground that the order passed by this Court has not been complied with, hence proper action may be taken against the alleged contemnors as mentioned in the said application. Record further reveals that the said contempt application was disposed of vide order dated 17.08.2010 on the categorical statement made by the learned counsel for PIA that the PIA is not making any recruitment of baggage attendants. Thereafter the instant application was moved and the comments were called from the alleged contemnors since as per the assertions made by the learned counsel for the petitioners the alleged contemnors neither followed the order dated 13.08.2009 nor the order dated 17.08.2010. On the previous date Mr. Imtiaz Mansoor Solangi, advocate has categorically stated that the PIA may be asked to furnish a statement mentioning therein that after 2010 they have not appointed any person as baggage attendant /loader and to inform the Court as to how many posts are vacant in the Corporation. Today, Mr. Usman Tufail Shaikh has filed a statement on behalf of the Corporation clearly mentioning therein that after 2010 PIA has not appointed any person as baggage attendant /loader and as against 1194 posts of baggage attendant /loader at present there are 1416 persons working on the said posts, meaning thereby that 222 baggage attendants /loaders are working over and above approved capacity. It is further mentioned that out of 1416 baggage attendants /loaders only 731 are permanent employees and rest are working on daily wages basis. Copy of the statement was given to the learned counsel for the petitioners, who after going through the same is satisfied with regard to the compliance of this Court. In view of the above, statement made by the learned counsel for the respondents the instant contempt application is disposed of accordingly.

JUDGE

Gulzar/PA