ORDER SHEET

IN THE HIGH COURT OF SINDH, CIRCUIT COURT,

HYDERABAD.

                                                C.P.No.D-265 of 2008.

                                                C.P.No.D-369 of 2008.

                                                C.P.No.D-170 of 2009.

                                                C.P No.D-494 of 2009.

DATE         ORDER WITH SIGNATURE OF JUDGE

10.11.2009.

Mr. Hakim Ali Siddiqui, Advocate for Petitioners in C.P No.D-265 of 2008      & C.P No.D-170 of 2009.     

Mr. Muhammad Asif Shaikh, Advocate for Petitioners in C.P No.D-369 of 2008 & C.P No.D-494 of 2009.

M/s Muhammad Yousif Leghari, Advocate General Sindh & Allah Bachayo Soomro, Additional Advocate General, Sindh along with Shazia Rizvi, Addl. Secretary L.G.D, Abdul Haq Abro, Secretary SLGB & Nadir Khan Director-II, SLGB.

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                        By consent the following orders are passed:-

            Statement of Contemnors No.1 to 3 has been filed by Advocate General, Sindh in C.P No.D-265 of 2008. Statement dated 10-11-2009 of Additional Secretary is taken on record.

            The Additional Secretary and the Director Local Government present state that the Government has no intent to terminate the services of the employees who were sent on deputation to S.C.U.G Cadre. According to the Additional Secretary those who were transferred/deputed to the S.C.U.G Cadre have a right to continue their services by joining the parents’ Department/Cadre as it is stated that the parents’ Department which was Octroi Department has been abolished. The Octroi Department falls under the Non S.C.U.G Cadre and therefore, the Government shall restore and or reinstate all the employees of such Cadre on transfer to the department having the Non S.C.U.G Cadre. It is stated by the petitioners that some of the employees have been absorbed from the Non S.C.U.G Cadre to that of S.C.U.G Cadre by the government. In view of the statement of the Additional Secretary all such orders of absorption of the government stand withdrawn and the employees of non S.C.U.G Cadre who were absorbed in the S.C.U.G Cadre shall stand transferred to the Non S.C.U.G Cadre.

            Likewise the other employees from the different departments of the Government who are either on deputation or otherwise absorbed in the S.C.U.G Cadre shall stand transferred to their parents’ department. It will, however, be open to the government to allow any of the petitioners to appear in the written test in order to qualify for the posts of Secretary Union Council falling under the Cadre of S.C.U.G Cadre. The Government shall on qualifying any of the petitioners to such post appoint him in S.C.U.G Cadre as per rules. We have been informed that the written test in regard to the post of Secretary Union Council has already been conducted. The Additional Secretary states that the Government will hold the written test again to accommodate the petitioners who have not appeared for such test but if the petitioners have already appeared they are not required to re-appear. This exercise shall be completed within one month from today. The salaries shall be disbursed to the petitioners forthwith.

The issue having been resolved and the petitioners do not find any discrimination and these petitions are disposed of in the above terms along with listed applications.

                                                                                                            Judge

                                                                                    Judge

A.C