ORDER SHEET

IN THE HIGH COURT OF SINDH, KARACHI

C.P.No.D-2079 of 2012

___________________________________________________________

Order with signature of Judge

For Katcha Peshi

20.05.2014

Both petitioners are present alongwith their counsel Mr.Ameeruddin, advocate

Mehmood Hasan, Director HRM, KMC is present alongwith Syed Sultan Ahmed, advocate for respondent No.4 to 9

Mr.Abdul Jaleel Zubedi, AAG

………

The petitioners have prayed that direction may be issued to respondent No.5 to 9 to regularize their service since the date of their appointment. It is further prayed that salary of both petitioners may be released from May, 2009 till todate. Earlier Senior Director (HRM.KMC) filed counter affidavit in which it was stated that this case is not maintainable on the ground that KMC had not issued any appointment order and the fitness certificate issued by Services Hospital which was only meant for employees appointed for Government of Sindh. It is further stated that case is forged, baseless and not maintainable. When this matter was heard on last date, learned counsel for KMC was directed to file additional comments. Today he has filed statement on behalf of respondent No.4 to 9 and Mr.Mehmood Hasan, Director HRM, KMC is also present. In this statement, it is stated that though appointment order was not issued by KMC but petitioners were posted in KMC School of Korangi Township and salary was being given by KMC. It is further stated that petitioners were appointed on contract basis on 20.01.2007 for a period of three years which expired on 20.01.2010 but petitioners signed Muster Roll till April, 2010 and salary was stopped from May, 2009. They agreed that salary of petitioner No.1 Manzoor Ahmed will be paid from May, 2009 to April, 2010. During course of arguments, learned counsel for petitioners pointed out attendance certificate of petitioner No.2 issued by Chairman, Sports and Special Education, City District Government, Karachi which shows that he worked upto 15.11.2009 and his salary was also stopped from May, 2009. So in this regard, learned counsel for KMC as well as Director HRM, both, agreed that salary of petitioner No.2 will also be paid w.e.f., May, 2009 to November, 2009. So far as regularization of both the petitioners is concerned, learned counsel for KMC categorically stated that though regularization order or letter may be issued by KMC but it is subject to approval of Secretary, Local Government. So he submits that summary for regularization of both the petitioners will be forwarded to competent authority and if it is approved, services of petitioners will be regularized in accordance with law by KMC with immediate effect. Director HRM submits that salary of petitioners will be paid within a period of 45 days and within same period, summary for regularization will also be moved to competent authority. Learned counsel for petitioners is satisfied. Petition is disposed of accordingly.

J U D G E