IN THE HIGH COURT OF SINDH

CIRCUIT COURT, LARKANA

Present:

Irshad Ali Shah, J.

Agha Faisal, J.

CP D2191of 2011                :           Mst. Malkah Bhutto vs.

Province of Sindh & others

For the Petitioner                 :           M/s. Asif Ali Abdul Razzak Soomro, Safdar

Ali Ghouri and Abdul Rahman A. Bhutto, Advocates

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

Date of hearing                    :           01.03.2022

Date of announcement      :           01.03.2022

ORDER

Agha Faisal, J.         This petition, filed in 2011, seeks appointment of the petitioner to the post of Junior School Teacher (JST) on the premise that she was duly qualified in such regard in pursuance of competitive process initiated vide advertisement dated 30.01.2004.  The issuance of an offer letter to the petitioner was duly controverted by the respondent department and it was submitted that no such instrument was ever issued as no vacancy existed in the relevant area under reference in the petition. In addition thereto the respondent also relied on the Judgment dated 01.04.2015 of the Honourable Supreme Court of Pakistan in Civil Petition No.186-K of 2013 (Muhammad Arif and others v/s. Province of Sindh through Chief Secretary and others), whereby the claims of similar placed petitioners was rejected inter alia on the ground of laches.  Admittedly, the said findings of the Honourable Supreme Court are squarely applicable in the present facts and circumstances. In view hereof we are constrained to observe that no vested right has been demonstrated before us to merit consideration in the discretionary writ jurisdiction of this Court, the matter is severely hit by laches and in any event the controversy stands determined by the aforementioned pronouncement of the honorable Supreme Court. This petition is found to be devoid of merit, hence, dismissed.

                                                                   JUDGE

JUDGE