ORDER   SHEET

IN  THE  HIGH  COURT  OF  SINDH, CIRCUIT  COURT,  LARKANA

Constt: Petition.No.D-645 of 2021.

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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 M.A.No.2952/2021 (U/A).

02. For orders on office objection “A”.

03. For orders on M.A.No.2953/2021 (E/A).

04. For hearing of main case.

07.12.2021

                        Mr. Muhammad Ashique Dhamrah, Advocate for petitioner.

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                        It is contended by learned counsel for the petitioner that the respondents be directed to regularize the service of the petitioner as Pump Operator at Urban Drainage Scheme Bagerji and pay him salaries with effect from year 2002, as he is still working with them. In support of his contention,  he has relied upon the order dated 27.07.2010, passed by this Court in C.P.No.D-742/2010 (Re.Ghulam Muhammad and others Vs. P.O Sindh and others).

                        If for the sake of arguments, it is believed that the petitioner is not being paid salaries by the respondents despite work since year 2002, then here arises a question, why he did not agitate his cause promptly? No explanation to it is offered by him. Be that as it may, the instant constitutional petition being hit by laches is incompetent.

                        The Honourable Supreme Court of Pakistan vide order dated 01.04.2015, passed in Civil Petition No.186-K of 2013 (Re. Muhammad Arif and others Vs. P.O Sindh and others) has dismissed the petition in similar circumstances and such order over-rides the order passed by this Court, which is referred by learned counsel for the petitioner. Consequently, the instant constitutional petition is dismissed in limine together with listed applications.

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