ORDER SHEET
IN THE HIGH COURT OF SINDH, KARACHI
C.P.No.D-600 of 2011
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Order with signature of Judge
13.02.2014
Petitioner is present alongwith his counsel Malik Naeem Iqbal, advocate
Mr.Khalid Javed, advocate for respondent No.2
Major (R) Waqar Ahmed Alvi, Manager Training & Education of respondent No.2 is also present
Mr.Ainuddin Khan, DAG-I
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In this petition, petitioner has prayed that he should be regularized in service as Deputy Manager (BPS-18) from date of his initial appointment. Respondents filed comments. Petitioner during pendency of this petition, filed a statement on 20.01.2012, with which he also submitted copy of letter dated 11.01.2012, communicated by Manager (HR) to petitioner with the subject “request for permanent absorption in KPT service”. In this letter, it was clearly stated that his request for appointment on permanent basis in KPT, will be considered subject to withdrawal of this petition. Few more documents were also filed by petitioner with his personal affidavit with which one letter dated 06.03.2012 was attached which was again written by Manager (HR) to petitioner in which he clearly communicated that in view of directive of Federal Minister of Ports and Shipping, services of petitioner have been regularized w.e.f., 02.02.2012. Learned counsel for respondent No.2 disputed the letter issued by Manager (HR) on 06.03.2012 and argued that Manager (HR) had no authority to issue this letter. On this specific question, we also called the person who signed this letter and today Mr.Waqar Ahmed Alvi, then Manager (HR) is present in court and he submits that he had lawfully issued this letter and also sought advice of legal department and Chairperson and he fully owns his signature on this letter. However, Mr.Khalid Javed acknowledges and admits another letter dated 02.02.2012 which is also attached with affidavit and he submits that this letter was issued with clear intimation to petitioner that his services will be regularized as Deputy Manager (BPS-18) in HR Department subject to withdrawal of petition filed by him in NIRC Islamabad against KPT. However learned counsel further submits that there was some misunderstanding and typing error by which the word “NIRC Islamabad” was mentioned instead of “High Court of Sindh”, therefore, a corrigendum was also issued on very same date with handwriting correction. Mr.Khalid Javed argued that after withdrawal of this petition, KPT will issue regularization letter of petitioner as Deputy Manager (BPS-18) in HR department w.e.f., 01.02.2012 and this letter will be issued within a period of one week by competent authority and regularization will be made effective from 01.02.2012 with all fringe and benefits. Mr.Naeem Iqbal submits that this petition may be disposed of accordingly, however, petitioner reserves a right that after receiving regularization letter, he will file representation before competent authority for promotion with effect from the date of his induction in KPT and that shall be decided by Chairman in accordance with law. By consent, this petition is disposed of in the above terms alongwith listed application.
J U D G E
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