ORDER   SHEET

IN  THE  HIGH  COURT  OF  SINDH, CIRCUIT  COURT,  LARKANA

Constt: Petition.No.D-685 of 2017.

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DATE                                       ORDER WITH SIGNATURE OF HON’BLE JUDGE

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Before:

Mr. Justice Irshad Ali Shah,

 Mr. Justice Agha Faisal,

For hearing of main case.

25.01.2022

                        Mr. Abdul Rehman Bhutto, Advocate for the petitioner.

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

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                        It is contended by learned counsel for the petitioner that the petitioner was appointed as “Khalasi” on work-charge basis by Assistant Executive Engineer, Thul Sub Division, therefore, the respondents be directed to consider his case for regularization of his services sympathetically.

                        Learned Addl.A.G Sindh while making reference to the comments filed on behalf of Executive Engineer, Irrigation Begari Division at Jacobabad, has sought for dismissal of the instant constitutional petition by contending that the petitioner was never appointed as “Khalasi” even on work-charge basis, which may create any right for regularization of his service. By contending so, an impression was given by him that the appointment order of the petitioner is fake.

                        We have considered the above arguments and perused the record.

                        The person, who has never been appointed even on work-charge basis could not be ordered to be regularized in his service, without having a recourse of law by extending him sympathy. Even otherwise, the appointment order of the petitioner being fake or otherwise involving factual controversy could not be resolved by this Court, in exercise of its constitutional jurisdiction. Consequently, the instant constitutional petition being misconceived is dismissed accordingly.                                                                                     JUDGE

                                                                                 JUDGE