IN THE HIGH COURT OF SINDH

CIRCUIT COURT, LARKANA

 

Present:

Irshad Ali Shah, J.

Agha Faisal, J.

 

CP D- 244 of 2010               :           Abdul Latif Abbasi vs.

Province of Sindh &Others

 

For the Petitioner                 :           Mr. Imdad Ali Mashori, Advocate

 

For the Respondents          :           Mr. Abdul Hamid Bhurgri, Addl. A.G.

                                                           

Dates of hearing                  :           08.02.2022.

 

Date of announcement      :           08.02.2022.

 

 

ORDER

 

Agha Faisal, J.         The petitioner seeks appointment to the post of Junior Clerk BPS-07 on the premise that he has remained as an unpaid copyist with the respondents in the past.Learned Addl. A.G. has submitted that the petitioner has never qualified in any competitive recruitment process and the documentation relied upon is entirely fictitious. Reference is also made to the comments filed on behalf of the Commissioner Shikarpur, which state that the petitioner by himself has stated that his name was recommended for the post of Kotar(BPS-02) and he did not accept. While challenging the veracity of the documentation, it is submitted that the petitioner’s plea for entitlement to the post of Junior Clerk BPS-07 is in itself controverted by thiscontradictory plea. Be that as it may, it is apparent that the lis before us is fraught with factual controversies, not amenable for determination in writ jurisdiction[1]. Even otherwise no vested right has been demonstrated before us to merit invocation of the discretionary[2] writ jurisdiction of this Court. In view hereof, this petition is found to be misconceived and hereby dismissed.

 

                                                                   JUDGE

 

JUDGE



[1]2016 CLC 1; 2015 PLC 45; 2015 CLD 257; 2011 SCMR 1990; 2001 SCMR 574; PLD 2001 Supreme Court 415

[2]Per Ijaz Ul Ahsan J. in Syed Iqbal Hussain Shah Gillani vs. PBC & Others reported as 2021 SCMR 425; Muhammad Fiaz Khan vs. Ajmer Khan & Another reported as 2010 SCMR 105.