IN THE HIGH COURT OF SINDH
CIRCUIT COURT, LARKANA
Present:
Irshad Ali Shah, J.
Agha Faisal, J.
CP D2404 of 2010 : Mir Muhammad Abro vs.
Project Director, Master Plan of Rehabilitation Culture Tourism
Department &Others
For the Petitioner : Mr. Habibullah G. Ghouri, Advocate
For the Respondents : Mr. Liaquat Ali Shar, Addl. A.G.
Dates of hearing : 26.01.2022
Date of announcement : 26.01.2022
ORDER
Agha Faisal, J. The present petition was filed on 22.12.2010 seeking regularization of appointment of the petitioner and also seeking a restraint upon the respondents from interfering in the duties of the petitioner.
2. Para-wise comments of the respondents demonstrate that the petitioner was already terminated from service vide Order No. 10AD/MPRCT2009-10, dated 28th October, 2009, issued more than a year before the present petition had been instituted.
3. Petitioner’s counsel was queried as to how the present petition could be maintained in view of the fact that the said prayer clause could not be sought more than a year post termination of the petitioner. Learned counsel remained unable to provide any cogent justification.
4. Heard and perused.The plea of the petitioner is for regularization of employment, however, the record demonstrates the non-existence of such employment at the time when the petition was filed. It is also apparent that the petitioner has never assailed the termination order, either initially or even post receipt of the comments herein.
5. Even otherwise the petitioner would be required to prove any entitlement being claimed and the same would entail enquiries of a factual nature, appraisal of evidence / record and conflicting claims, which are not amenable for adjudication in writ jurisdiction[1].
6. In view hereof, this Court is constrained to observe that no case has been set forth for the invocation of the discretionary[2] writ jurisdiction of this Court, hence, this petition is hereby dismissed.
JUDGE
JUDGE