ORDER SHEET

IN THE HIGH COURT OF SINDH, KARACHI

C.P.No.D-3689 of 2012

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Order with signature of Judge

For Katcha Peshi

24.04.2014

Mr.Gul Zamir, advocate for petitioner

Mr.Abdul Jaleel Zubedi, AAG

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Learned counsel for petitioner argued that petitioner is working as a Senior Clerk in BPS-9 as a regular employee in District Health Office, District Noshehro Feroze. He further argued that petitioner was also assigned responsibility to work on a project known as “Maternal New-Born and Child Health” (MNCH). Petitioner by virtue of Office Memorandum dated 05.08.2011 claims Project Allowance which was allowed on notified uniform rates w.e.f., 01.08.2011. Learned counsel also pointed out another list of Sindh Government Employees who were working on aforesaid project and this list was signed by District Health Officer, Noshehro Feroze and name of petitioner is appearing at Sr.No.4 to show that he is also working on said project. Learned AAG pointed out comments filed by Provincial Program Director, MNCH Project in which he has raised various factual controversies including that petitioner was never nominated to work on MNCH Program. It is also stated that petitioner was not notified by any competent authority for affairs of any project hence he is not entitled for project allowance.

Factual controversies cannot be resolved in constitutional jurisdiction of this court. However, we have suggested a modality to resolve this controversy to learned counsel for petitioner and learned AAG that this matter may be referred to Secretary Health who will consider case of petitioner and if it is found that he was performing his duty on the project under the notification, he is entitled to claim project allowance which will be paid to him and for this purpose, Secretary Health can conduct inquiry by himself or appoint any officer on his behalf to look into the matter. Learned counsel for petitioner as well as learned AAG, both, agreed the disposal of this petition in the above terms. This petition is disposed of accordingly. It is expected that Secretary Health will decide the matter within a period of 3 months.

J U D G E