IN THE HIGH COURT OF SINDH

CIRCUIT COURT, LARKANA

 

Present:

Irshad Ali Shah, J.

Agha Faisal, J.

 

CP D2378of 2010                :           Hassan Shah & othersvs.

Province of Sindh &Others

 

For the Petitioners               :           Mr. Ali Nawaz Ghanghro, Advocate

 

For the Respondents          :           Mr.Abdul Hamid Bhurgri,

                                                            Additional Advocate General.

                                                           

Dates of hearing                  :           22.02.2022

 

Date of announcement      :           22.02.2022

 

ORDER

 

Agha Faisal, J.         The present petition has been filed for seeking release of salaries to the petitioners, however, respondents' comments demonstrate that the credentials, documentations of the petitioners are forged, fraudulent and fabricated. Learned Addl. A.G. submitted that petition was misconceived, as there was no question of salary when the appointment itself had been found to be non-existent.Since the very tenancy of the petitioner's employment is in dispute, the question of unpaid salary could only be determined subsequent to determination of the inter se relationship, if any. The said exercise would require enquiries of a factual nature, appraisal of evidence / record and conflicting claims, which are not amenable for adjudication in writ jurisdiction[1].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

                  

 



[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.