ORDER   SHEET

IN  THE  HIGH  COURT  OF  SINDH, CIRCUIT  COURT,  LARKANA

Constt: Petition.No.D-571 of 2019.

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DATE                                       ORDER WITH SIGNATURE OF HON’BLE JUDGE

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Before:

Mr. Justice Irshad Ali Shah,

 Mr. Justice Shamsuddin Abbasi,

01. For orders on office objection “A”.

02. For orders on M.A.No.2639/2019 (E/A)

03. For orders on maintability of  main case.

30.11.2021

                        Mr. Ashfaque Hussain Abro, Advocate for the petitioners.

                        Mr. Liaquat Ali Shar, A.A.G.

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                        It is contended by learned counsel for the petitioners that the petitioners were appointed as Computer Operators/Junior Clerks on Contract/Contingency/Daily wage basis in Social Welfare Department at Shikarpur, therefore, the respondents be directed to consider their case for their regularization in service. In support of his contentions, he has referred to order dated 17.05.2012, passed by this Court in C.P.No.D-1291/2010.

                        Learned A.A.G while making reference to the comments filed by Director General Social Welfare Department, Karachi have sought for dismissal of the instant constitutional petition that neither the petitioners were appointed nor they have served the Social Welfare Department even for a day.

                        In response to above, it is contended by learned counsel for the petitioners that the petitioners have already filed the rejoinder denying the comments filed by the respondents.  

                        We have considered the above arguments and perused record.

                        The instant constitutional petition is filed against the officials without joining the Province of Sindh as party, which is contrary to the mandate contained by Article 199 of Constitution of Islamic Republic of Pakistan, 1973, which insists for joining of Federation, a Province or Local Authority, when direction for performance in connection with its affairs is sought for by anyone; such omission obviously has made the instant constitutional petition to be incompetent. Be that as it may, there is specific denial by the Director General, Social Welfare Department, Karachi,  with regard to the appointment of the petitioners in his department; such denial admittedly is involving factual controversy, and no factual controversy could be resolved by this Court in exercise of its constitutional jurisdiction.

                        The order of this Court referred by learned counsel for the petitioners is on distinguishable facts and circumstances. In that case, the appointment of the petitioners on daily wage basis was admitted by learned A.A.G. In the instant case, the very appointment is denied.

                        In view of above, the instant constitutional petition is dismissed together with listed application.

J U D G E

    J U D G E