IN THE HIGH COURT OF SINDH

CIRCUIT COURT, LARKANA

Present:

Shamsuddin Abbasi, J.

Agha Faisal, J.

CP D 812 of 2023                :           Talib Hussain Solangi vs.

Secretary, School Education & others.

For the Petitioner                 :           Mr. Atta Hussain Qadri, Advocate.

For the Respondents          :           Mr. Abdul Hamid Bhurgri, Additional

Advocate General along with

Mr. Abdul Waris Bhutto, Asstt. A.G.

Date of hearing                    :           24.04.2024.

Date of announcement      :           24.04.2024.

ORDER

Agha Faisal, J.         The petitioner claims to be an employee of of the Education Department and seeks release of salary with effect from 2011; present petition having been filed in 2023. At the very outset, the learned counsel was confronted with the issue of laches and he remained unable to satisfy the Court in such regard[1].

            Learned AAG has pointed out that the petitioner had earlier filed a petition in such regard, being CP D 198 of 2012, and the same had been disposed off vide orders dated 21.11.2013. Petitioner’s counsel was queried as to how this subsequent petition could be entertained inter alia in view of Order II rule 2 CPC, however, he remained unable to displace the bar of law.

In view hereof, this petition is found to be misconceived, hence, dismissed.         

                                                                                                            Judge

Judge

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[1] Reliance is placed 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.