ORDER SHEET

THE HIGH COURT OF SINDH, CIRCUIT COURT LARKANA

C.P.No.D-1312 of 2010

DATE                         ORDER WITH SIGNATURE OF JUDGE

For hearing of main case.

------

01.03.2022

Mr. Sarfraz Khan Jatoi, Advocate for the Petitioners.

Mr. Abdul Hamid Bhurgri, Additional Advocate General Sindh.

------

                        It is contended by learned counsel for the petitioners that the petitioners have been appointed to different posts but their salaries are not being released by the respondents; therefore, they be directed to release their salaries by regularizing their services.

                        Learned Addl.A.G Sindh, while making reference to the comments filed on behalf of respondents No.7 to 12, has sought for dismissal of the instant constitutional petition by contending that no record of appointment of the petitioners is available with the respondents, which may justify them to release their salaries or to regularize their services. By contending so, an impression was given by him that the appointment orders of the petitioners are fake and bogus.

                        We have considered the above arguments and perused the record.

                        In absence of relevant record with the respondents, it would be hard to conclude that the petitioners have actually been appointed by the respondents, which may justify this Court to direct them to release their salaries by regularizing their services. If for the sake of arguments, it is believed that the petitioners have actually been appointed by the respondents, which they now are denying for any reason, then such dispute being factual in its nature even otherwise 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