ORDER SHEET

IN THE HIGH COURT OF SINDH, CIRCUIT COURT, LARKANA

C.  P.  No.D-987     of  2010

DATE OF HEARING

ORDER WITH SIGNATURE OF HON’BLE JUDGE

06.04.2012.

For Katcha Peshi.

Mr. Habibullah G. Ghouri, advocate for the petitioners.

Mr. Azizul Haque Solangi, Asst. A. G., assisted by Mr. Abdul Rasheed Soomro, State Counsel.

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                   The petitioners have sought the directions against the respondents to release the monthly salaries with all service benefits from the date of joining of duties. 

                   The brief facts of the case are that all the petitioners were appointed after fulfillment of codal formalities and also joined their duties.  The details of issuing appointment letters and their joining are mentioned in paragraphs 2 to 5 of the petition.  It is further stated that all the petitioners are performing their duties at their respective post, but the respondents have not paid their salaries since the date of their joining. 

                   The respondents No.1 and 4 filed their comments through learned Asst. A. G. Sindh, in which, inter alia, it is stated that the appointment of the petitioners is fake, maneuvered and ab initio illegal, who were neither appointed nor issued posting orders, hence there is no question of performance of duties by the petitioners, who had actually not performed the duty for a single day. 

                   After arguing at some length, the learned Counsel for the petitioners and the learned Asst. A. G., agreed that let District Education Officer/Ex-E.D.O., Education, Kashmore at Kandhkot may conduct an enquiry whether the appointment letters issued to the petitioners are genuine or forged and whether after issuing the alleged appointment letters the petitioners ever joined their duties and they are still performing their duties or not and submit the report within one month to the Secretary, Education & Literacy Department, Sindh, Karachi.  Order accordingly.  It is clarified that if it is found that the appointment letters of the petitioners are genuine and the petitioners are also performing their duties regularly, the salaries will be paid to the petitioners with retrospective effect i.e., from the date of their joining. 

                   The petition is disposed of in the above terms.

                                                                                                JUDGE

                                                                   JUDGE