ORDER SHEET

IN THE HIGH COURT OF SINDH, CIRCUIT COURT, LARKANA.

Constitutional Petition No. D- 476 of 2017.  

Date of hearing                                Order with signature of Judge.

1.For orders on office objections as flag A.

2.For hearing of main case.                                  

12.3.2024.

                        Mr. Abid Hussain Qadri, advocate for the petitioner.

Mr. Abdul Hamid Bhurgri, A.A.G a/w  Dr.Muhammad  Ayoub Memon and Dr. Rehana Chandio on behalf of  respondents No.1, 3, 4 and 7  as well as LHS Rukhsana Chandio.

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            Dr. Muhammad Ayoub Memon present on behalf of Respondents No.1, 3 and 7 submits that statement of respondent No.3 alongwith enquiry report dated 04.3.2024, taken on record.  He hands over copy of the same to learned counsel for the petitioner. In concluding paras the following recommendations were made by the appellate  authority which reads as under:

In view of facts narrated above, it is submitted that Mst.Mumtaz D/o Wali Dino Soomro W/o Rashid Ali Soomro, holder of CNIC No. 41203-1637212-2, Ex-Lady Health Worker filed a departmental appeal requesting therein for reinstatement in to government service, in this connection, the conclusion (Specific recommendations) of an inquiry committee are as under :

a) The services of the Mst. Mumtaz D/o Wali Dino Soomro W/o Rashid Ali Soomro, holder of CNIC No. 41203-1637212-2, was terminated lawfully / legally by the then District Health Officer Dadu, as she was declared Non-Resident (NR) and as per prescribed program policy and terms and conditions laid down in the regularization / offer order (issued incompliance of the Honorable Supreme Court orders) stated under clause no. 01 "The Post is non transferable and the services will be terminated if any Lady Health Worker (LHW) moved out from her catchment of appointment."

b) As per record (New / updated CNIC issued from NADRA on 17-10-2016 and Khandan Register of Lady Health Worker, Soomro Colony, New Bus Stand Dadu City Siyani Leghari D/o Ahmed Ali) Mst. Mumtaz D/o Wali Dino Soomro W/o Rashid Ali Soomro, holder of CNIC No. 41203-1637212-2, is in fact living in Dadu City with her Husband (Rashid Ali S/o Ali Gohar Soomro) at his house since last ten (10) years.

In the light of above mentioned facts, it is recommended that departmental appeal of Mst. Mumtaz D/o Wali Dino Soomro W/o Rashid Ali Soomro, holder of CNIC No. 41203-1637212-2, Ex-Lady Health Worker, for reinstatement in to government service merits no consideration, as per prescribed government law / policy regarding the post of Lady Health \ Workers, therefore the same may kindly be regretted. This is for your kind information and necessary action, please.

            Since the departmental enquiry has been recorded, therefore, the purpose of instant petition has been served. However, the petitioner has right to file appropriate grievance application before the Tribunal, if so advised. Therefore, instant petition  is hereby disposed of in terms stated above.

                                                                                                            JUDGE

                                                                                    JUDGE

shabir