ORDER SHEET

IN THE HIGH COURT OF SINDH, CIRCUIT COURT, LARKANA.

Constt: Pett: No. D- 755 of 2013.

Date                           Order with signature of judge.

1.For   Katcha Peshi.

2.For orders on M.A No.3497/2014.

15.04.2014.

                        Mr. Habibullah G. Ghouri, advocate for the petitioner.

                        Mr.Abdul Hamid Bhurgri, A.A.G

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            Through instant  petition, the petitioner  has prayed  as under:

a) That this Honourable Court may graciously be pleased to issue a writ directing the Respondents to issue an appointment order for the job of Pesh Imam  BPS-05 in favour of petitioner for Masjid of Drainage Division Scarp Colony Shikarpur  on basis of strength      of his service of 12 years as Moazn  BPS-2 in the Masjid.

b) To restrain the respondents from appointing   the respondent Abdul Ahad  as Pesh Imam  of Masjid of Drainage Division Scarp Colony Shikarpur.

c) To direct th respondents to prepare the service book of the petitioner and pay him the salaries  in arrears  with effect from July, 2001 to January, 2005.

d) Award costs of the petition.

e) Any other equitable relief be granted to the petitioners.

            2.         Precisely   the relevant facts  as set up in the instant petition are that the petitioner  was appointed as Moazan (BPS-2) by order dated 28.09.2004 issued by the  Secretary to Government of Sindh, Irrigation and Power  Department, Sindh.  At that time,  one Mohammad Yousif Mahar was   serving  as  Pesh Imam of the same mosque, who expired  in the year 2011. The petitioner  being qualified   for the post of  Pesh Imam moved application  for promotion or re-appointment  but  his application was not considered due to  pendency  of CP No.D-279 of 2011 filed by Abdul Ahad S/O Mohammad Yousif Mahar.   The petitioner has been discharging his duties as Moazan  for the period of 12 years thus,  after death  of Mohammad Yousif Mahar  (Pesh Imam) petitioner is  entitled to be promoted or appointed as Pesh Imam.  Besides,  the petitioner is also performing  duties  as  Pesh Imam and Moazan  after death  of late Mohammad  Yousif Mahar.

            3.         Respondents filed their comments wherein they  contended  that the petitioner is performing his duties as Moazan  (BPS-2) in the Scarp Colony Shikarpur Mosque.  Post of Pesh Imam  is lying vacant  due to death of Molvi Mohammad Yousif Mahar;  this Court  has disposed of CP No.D-2791 of 2011  by  order dated 18.06.2013   on the basis of comments  that respondents will  consider  the case of Molvi Abdul Ahad S/O Late Mohammad Yousif Mahar on deceased quota,  when ban will be lifted  appointment order will be issued in favour of Molvi Abdul Ahad.

            4.         Learned counsel for  respective  parties  reiterated  that  pleading.

            5.         Since it has  come on record that this Court has already decided subject matter in CP No.D-2791 of 2011 by order dated 18.06.2013   (re: Molvi Abdul Ahad v. XEN and others)  thus it would be conducive to refer the  relevant  portion of that order :

                        “The respondents No.1 to 4 in their comments submitted   that the case of petitioner will be considered for appointment of Pesh Imam on priority basis after verification of his degree.  Today, Nasir Ahmed Shaikh, Executive Engineer Drainage Division Shikapur respondent No.1  has also  filed statement wherein  he has categorically stated  that he shall appoint the petitioner as prayed for after completion of necessary  codal formalities soon after  the ban is lifted by Government  of Sindh which has been imposed by Chief Minister Sindh recently.

                                    Learned counsel  for the petitioner being satisfied with the statement filed by the respondent No.1  does not want to press the petition  any more.  Petition is accordingly disposed of  in terms of statement  filed by respondent No.1.  There  shall be no order as to cost. “

                        Hence it is manifest that on same subject matter already  this Court has decided one petition filed by Molvi Ahad  wherein respondents  categorically contended  that   as and when  ban will be lifted  petitioner will be appointed as  Pesh Imam  on deceased quota   thus petition  was disposed of  in terms of statement filed by respondent No.1.   Candidly  Para No.4 of instant petition reflects that such fact  was in knowledge  of the petitioner.  It is  patent that  the petitioner has not filed any review application against order passed by this Court in earlier   petition  nor has assailed the same  before apex Court hence  suffice to  say that petitioner has failed to  avail remedy provided under the law.  Besides, we  are of the  considered view   that subject matter  has already been decided by this Court.   Accordingly, prayer of instant petition is unwarranted under the law.

                        Keeping in view the given circumstances, this petition being devoid of  merits, is dismissed.   

JUDGE

Shabir