O R D E R     S H E E T

IN THE HIGH COURT OF SINDH CIRCUIT COURT LARKANA

C.P. No.D- 256       of 2010

 

Date

Order with signature of the Judge

 

For Katcha Peshi

 

01.12.2011

 

Mr. Abdul Rehman A. Bhutto, advocate for the petitioners.

Mr. Abdul Hamid Bhurgri, Addl. A.G.

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            Petitioners were employed vide two separate orders dated 14.1.2006 and 04.4.2006 respectively. Their employment was on “Voluntary Basis”, and honorarium of Rs.3000/- from School Management Committee of the School subject to availability of SMC funds was to be paid. Petitioners were paid till September, 2006 and thereafter payment was stopped. This constitution petition has been filed with a prayer that the petitioners be paid their monthly salaries till date. Prayer for regularization of service has also been made.

 

            Mr. Abdul Hamid Bhurgri, learned Additional A.G referred to the comments filed by respondent No.4 with which a copy of letter dated 25.7.2007 has been enclosed and submitted that the petitioners’ employment was terminated in 2007. He further submitted that petitioners were to be paid by the fund provided by the School Management Committee and payment was subject to availability of funds.

 

            When confronted with this situation, Mr. Bhutto submitted that since employment was terminated on 25.7.2007 petitioners are entitled to salary till that date.

 

            We have considered the submissions made by the learned counsel and have also gone through the record.

 

            Petitioners were employed on “Voluntary Basis” and payment was to be made to them subject to the funds provided by School Management Committee and not by the Government of Sindh. Therefore, as far as  Government of Sindh is concerned it never accepted any liability for the payment of salary. Moreover employment was on “voluntary basis” which clearly indicates that there was no selection by the competent authority. Claim of the petitioners if any, may lie against the School Management Committee or members thereof but not against any of the respondents. Consequently, this constitution petition is dismissed.

 

 

 

                                                                                                            Judge

 

 

                                                            Judge