ORDER SHEET

IN THE HIGH COURT OF SINDH,

CIRCUIT COURT, HYDERABAD.

C.P. No. D- 1012 of 2010

DATE                             ORDER WITH SIGNATURE OF JUDGE

13.8.2010

Mr. Hameedullah Dahri advocate for Petitioner

Mr. A.B. Soomro Addl.A.G along with Ex-EDO (E) Matiari, Admin Officer EDO (E) Office Matiari and District Accounts Officer Matiari.

Through this constitutional petition the Petitioners have prayed as under:-

a. Declare the act of non-payment of salaries to the Petitioners by the Respondents, without any rhyme or reason, is wholly illegal, unlawful, void and ab-initio.

b. Direct the Respondents to make the payment of the salaries to the Petitioners from the date of their respective joining.

c. Costs of the petition may be saddled upon the Respondents.

d. Any other relief(s) which this Honourable Court deems fit, just and proper in favour of the Petitioners may be granted.

            From the pleadings it appears that the Petitioners have been appointed as Naib Qasid, Chowkidar and Sweeper and Malhi etc against the sanctioned posts. Though the concerned DDO has sent their salary bills duly counter signed by Respondent No.2 to the District Accounts officer Matiari but he refused to pass the bills on the ground that he has been restricted from releasing the salaries of the Petitioners by the Finance Department vide its letter No. FD/SO(TR)-1(9)/2008 dated 14.4.2010. The comments have been filed by Respondent No.2 whereby it is categorically admitted that the Petitioners have been appointed against the sanctioned and vacant posts mentioned in the budget book 2009-10 issued by the District Government Matiari as well as the merit list made and signed by DRC. It is further admitted that the Petitioners have been posted at the vacant post in various schools and offices and they are performing their duties continuously. It is further admitted that the concerned D.D.O has sent the salary bills of the Petitioners, duly counter signed by the DCO Matiari to the District Accounts Officer Matiari but he did not pass their salary bills. Copy of the salary bills is also filed along with comments. The appointments of Petitioners against the sanctioned post is admitted by the Admin Officer for Respondent No.2 as well as Respondent No.2  who is present in person also admitted the contents of parawise comments as true and with his hand writing has written as under:-

“Agreed with paras-4 and 6”

It is pertinent to mention here that paras- 4 and 6 pertain to appointment and posting of the Petitioners; such facts are admitted by the EDO as well as his Admin Officer and the District Accounts officer who is also present in person.

            Heard the learned counsel for the petitioners and perused the memo of petition annexed documents as well as comments filed by admin officer of Respondent No.2 as well as the salary bills of the Petitioner.

            In identical petition this Court in C.P No. D- 658 of 2010 has disposed of the petition whereby the District Accounts Officer was directed to release the salaries of the Petitioners forthwith on receipt of their salary bills duly signed by the DDO and counter signed by the DCO and it was clarified that the letter of Finance Department will not come in the way of District Accounts Officer for the purpose of releasing their salaries.

Since the Petitioners also belong to District Matiari and their appointment is also not disputed by the Respondent No.2 or admin officer of EDO (E) office and their bills have also been prepared by the concerned DDO and counter signed by DCO, therefore, we allow this petition in terms of order dated 13.7.2010 passed in C.P. No. D- 658 of 2010.

            These are the reasons in support of short order dated 12.8.2010 whereby the petition was allowed.

                                                                                                JUDGE

                                                                        JUDGE