ORDER SHEET
IN THE HIGH COURT OF SINDH, KARACHI
C.P.No.D-3266 of 2012
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Order with signature of Judge
10.02.2014
Mr.Fayaz Ahmed, advocate for petitioner
Mr.Abdul Jaleel Zubedi, AAG
………
Case of petitioner is that vide Notification dated 07.10.1996, he was appointed as Deputy Superintendent Jail (BPS-16) on contract basis for a period of one year with immediate effect. It was further stated in Notification that terms and conditions of his contract shall be notified separately. The grievance of the petitioner is that without issuing any show cause notice or any other reason, his contractual employment was terminated orally hence he has prayed that directions may be issued to respondents to place his case before committee for consideration of his reinstatement with other sacked employees with back benefits. At page-33 of case file, petitioner has also attached copy of an appeal which was preferred by him to worthy Chief Minster (Sindh). In follow up of his appeal, he has also attached a letter available at page-35 dated 04.08.2011 which was written by Deputy Secretary to Chief Minster Secretariat, Sindh Karachi to Minister Law/Member, Committee for Restoration, whereby appeal of petitioner was forwarded with the note of Chief Minster (Sindh) “Referred to the Committee on the re-instatement”. It was further stated in letter that necessary action may pleased be taken in the light of directives of Chief Minister as per rules/ policy. Another letter is also available which was again communicated by Private Secretary to Minister for Law & Parliamentary Affairs, Government of Sindh, in which also, case of petitioner was referred to with request to re-examine his case and comments be furnished for further consideration of committee. One more letter dated 26.08.2011 is attached which was written to Inspector General (Prisons) in which also, application of petitioner for his re-instatement was discussed. We have also seen one more letter which was written by Mr.Ghulam Qadir Thebo, Inspector General of Prisons (Sindh) on 27.08.2011 to Private Secretary to Minister for Prisons, Government of Sindh in which also, Inspector General of Prisons categorically admitted that after about three months, services of petitioner were terminated by Government of Sindh without showing any reason even he was not paid salary for said period which supports his claim. Learned counsel for petitioner has also attached at least three Notifications of different employees whose cases, in similar circumstances, were favourably considered and they were subsequently appointed. He also pleads that this is a case on same footings in which despite making favourable comments, case of petitioner is hanging and delaying without any ultimate decision. We have gone through comments filed by respondent No.4 through learned Additional Advocate General (Sindh). In the comments, most of the averments raised in memo of petition have gone un-rebutted and no comments were filed to challenge the authenticity of documents filed by petitioner. However, it was admitted that petitioner was appointed on contract basis and a letter has been attached as Annexure-B to show that he was terminated vide Notification dated 03.12.1996 and not orally. No comments have been filed to show that his case was referred to the committee for consideration. Learned AAG submits that Chief Minister referred to case of petitioner in the year 2011 and he has no information whether any committee is still performing duty for consideration of cases of sacked employees or not? It transpired from the record that the case of petitioner was processed at the time when committee was in force and various favourable letters have been produced to show that time and again case of petitioner was directed to be considered but nothing is available on record whether his case was considered or not by committee?
As a result of above discussion, respondent No.2 and 3 are directed to immediately consider case of petitioner and place the same before worthy Chief Minister for consideration in view of his earlier directives within a period of two months. Petition disposed of.
J U D G E
J U D G E