ORDER SHEET

IN THE HIGH COURT OF SINDH, CIRCUIT COURT LARKANA

Constt. Petition No. D- 567 of 2009.         

Date of hearing

Order with signature of Judge

For Katcha Peshi.

29.09.2011.

            Mr. Ghayoor Abbas Shahani, Advocate for petitioner.

            Mr. Azizul Haq Solangi, Asstt. A.G, alongwith Mr. Naimatullah Bhurgri, State counsel and Mr. Zamir Hussain Abro, E.D.O (Education), Shikarpur and Mr. Nazir Ahmed Meo Head Master, G.P.S Sher Mohammad Badani.

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            Learned counsel for petitioner contends that the petitioner was issued offer of appointment letter dated 07.08.2008, and after medical examination and completion of other formalities he reported for duty on 08.02.2008, and was taken on duty at Govt. Primary School Sher Mohammad Badani.  It is stated in the petition that the petitioner is still working, but is not being paid his salaries. Learned counsel for petitioner referred to statement filed by E.D.O Education, Shikarpur, with which a certificate is enclosed stating therein that payment was made upto October, 2009, and thereafter payment of the salaries to the petitioner has been stopped.  Learned counsel submits that statement indicates that petitioner is still working and he specifically denies that any payment has been made since he has joined the employment.

            Learned Asstt. A.G. submits that the petitioner has been recruited on the basis of a managed letter and is not lawfully appointed.

            Exactly, the same situation came up before this Court in C.P. No.D-1881/2010, decided by a division bench of this Court, of which one of us Mr. Justice Shahid Anwar Bajwa was a member on 25.08.2011, and the bench considered the fact that on the one hand Head Master is allowing petitioner to continue employment and on the other E.D.O while denying that the petitioner is lawfully employed is not taking any step to rectify the situation; ordered as under:

                        “Both of them failed in their duties and, therefore, must bear the consequences. It is, therefore, ordered that current salary of the petitioner be paid on regular basis by deducting 50% of it from the salary of the E.D.O and the other 50% from the salary of the Head master. The E.D.O and the Head Master are directed to take steps for initiation of appropriate action to determine whether the appointment of the petitioner is in violation of law and if the petitioner is guilty of any misconduct, take disciplinary action against him in accordance with the law within three months. Arrears, if any, shall depend upon the final result.”

This constitutional petition is disposed of in the above terms.

                                                                                      Judge

                                                          Judge