IN THE HIGH COURT OF SINDH

CIRCUIT COURT, LARKANA

Present:

Irshad Ali Shah, J.

Agha Faisal, J.

CP D10 of 2022                   :           Dr. Aijaz Ahmed Soomro vs.

Government of Sindh &Others

For the Petitioner                 :           Ms. Humaira Nadeem Rana, Advocate

Date of hearing                    :           18.01.2022

Date of announcement      :           18.01.2022

ORDER

Agha Faisal, J.         (2) Granted subject to all exceptions. (1),(3) & (4) The petitioner,representing himself to bea civil servant in the employ of the Government of Sindh, has challenged the fact that he has been posted out as District Health Officer Kashmore and in his place the said posting has been given to yet another civil servant. Petitioner’s counsel stated at the very outset that this is not a writ of quowarranto and on the contrary the petition is actuated by the petitioner's grievance of having been transferred from the post that he was enjoying.

2. Since the writ of quowarranto is expressly not being sought by the petitioner, his counsel was specifically queried as to as to whether the petitioner had any vested right in remaining at his desired post. Learned counsel remained unable to provide any cogent justification in such regard.

3.  The petitioner has also sought a declaration that the transfer / posting under scrutiny was a colorable exercise of power and in such regard the counsel was queried as to whether the relevant authority was competent to transfer and post its officers.The counsel replied in the affirmative. It is obvious that if any action is within the competence of the relevant authority then the same may not be considered as colorable.

4. In view of the foregoing, no case has been set forth before us to entertain this petition, which appears to be misconceived. As a consequence hereof this petition is hereby dismissed in limine.

JUDGE

JUDGE