ORDER SHEET
IN THE HIGH COURT OF SINDH, KARACHI
C.P.No.D-3235 of 2013
___________________________________________________________
Order with signature of Judge
12.02.2014
Petitioner is present in
person
Mr.Imdad Khan, advocate for
respondent No.3 alongwith Salman
Yousuf, Mgr. Legal, DESTO
Mr.Ainuddin Khan, DAG-I
………
Through this petition, petitioner has sought
implementation of judgment of FST in Appeal No.58(K)(CS)/2001
which was passed on 28.12.2010. In paragraph-7 of FST’s judgment, it was
observed that only point which is subject matter in these appeals was pending
in hon’ble Supreme Court in Civil Appeal No.829/1996
in which leave was granted vide 1998 SCMR 2369 which was decided by hon’ble Supreme Court by judgment dated 30.10.1998,
therefore, matter was remanded by FST to respondents to decide the same in line
with judgment of hon’ble Supreme Court dated
30.10.1998 within three months. Since this order was not implemented,
petitioner filed this petition. Respondent No.3 filed comments in which a plea
was taken that hon’ble Supreme Court disposed of the
case on mere statement of counsel for appellant and perhaps wrong reference has
been given in FST’s order. It was further stated that petition for promotion
after 12 years of retirement, cannot be entertained and liable to be dismissed.
It was further stated that judgment of Supreme Court as referred to in FST’s
judgment was not disposed of as per leave granting order but it was disposed of
on mere statement of counsel for appellant. Earlier in view of same FST’s
judgment, two more petition i.e. C.P.No.D-2623 and 2624 of 2012 were disposed
of by another learned DB of this court vide order dated 16.07.2013 in which
respondent No.3 was directed to ensure that order passed by FST shall be
implemented in its letter and spirit and any violation would be treated as
contempt of this court. Today aforesaid petitions were also fixed for hearing
of contempt applications in which by consent, all contempt and other pending
applications were disposed of as withdrawn with the directions to respondent
No.3 to provide ample opportunity of hearing to both petitioners so in this
petition, petitioner as well as counsel for respondent No.3 and DAG, all agreed
that this petition may also be disposed of in the same terms that respondent
No.3 while providing opportunity of hearing to petitioners in C.P.No.D-2623
& 2624 of 2012, shall also provide separate opportunity of hearing to the
petitioner in this petition, within a period of one month in Karachi in which
petitioner shall be at liberty to produce all relevant record including judgments
of hon’ble Supreme Court and FST. Petition is
disposed of alongwith listed applications.
J U D G E
J U D G E