ORDER SHEET
IN THE HIGH COURT OF SINDH, KARACHI
C.P.No.D-3552 of 2011
___________________________________________________________
Order with signature of Judge
20.01.2014
Mr.Ghulam Shabbir
Babar, advocate for petitioner
Mr.Asif Mangi,
Standing Counsel
………
Petitioner has invoked the constitutional jurisdiction of
this court for implementation of order dated 19.02.2011 passed by FST in Appeal
No.1463(R)CS/2010, in which the Tribunal observed that appellant was terminated
from service for the reason that he had failed to qualify the departmental
examination in two attempts. Learned counsel placed a Notification on record
showing that some of officials on similar basis have been reinstated hence case
of petitioner was disposed of with the directions to respondent to consider
case of petitioner. Learned Standing Counsel pointed out comments in which it
is clearly mentioned that in pursuance of Sacked Employees (Reinstatement)
Ordinance, 2009, petitioner was reinstated as Assistant Director. He was
nominated to undergo mandatory course but despite availing two chances, he
could not qualify. Show cause notice was also issued to him. It is further
stated that in compliance of FST order, case of petitioner was considered and
since he was not eligible hence he was informed accordingly. Copy of Memorandum
dated 31.03.2011 is also attached with the comments in which it is also
mentioned that case of petitioner is not identical with other employees and competent
authority after re-examination stood by earlier decision and appellant could
not be reinstated in service. This re-examination was conducted in view of
FST’s order as shown in the comments as well as Memorandum attached thereto.
Relief granted by FST was only to consider case of petitioner and that has been
done by competent authority and if petitioner has any grievance, he may
approach to competent forum in accordance with law as no relief of
reinstatement can be granted to petitioner in this case which is otherwise
barred under Art. 212 of the Constitution. Petition is
dismissed accordingly.
J U D G E
J U D G E