ORDER SHEET

IN THE HIGH COURT OF SINDH, KARACHI.

C. P. No.D-2505 of 2013

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DATED: ORDER WITH SIGNATURE OF JUDGE.

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1. For Katcha-Peshi.

2. For hearing of Misc. No.12880/13

20^th May, 2015

Mr. Pervaiz A. Shams Memon, Advocate for Petitioner a / w Petitioner.

Mr. Sibtain Mehmood, A.A.G.

Mr. Ashraf Ali Nizamani, DIG (Prisons), Karachi and Mr. Jan Muhammad, Assistant are present.

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The case of the Petitioner is that he applied for the post of Stenographer (BS-12), which was advertised in Daily newspapers on 29.11.2012. He was called for written test and declared successful. Thereafter, an offer letter was issued to him on 26.12.2012. The Petitioner was called upon to convey his acceptance within 14 days and vide order dated 01.01.2013, he was posted at the office of the Deputy Inspector General of Prisons Sukkur Region against an existing vacancy with immediate effect.

The DIG Prisons has submitted the comments of Inspector General of Prisons Sindh Karachi today, in which it is stated that the Chief Minister Sindh ordered for freezing the recruitment process on 02.01.2013, which means that when this letter was issued to the Petitioner from very next day the recruitment process was frozen. It is further stated that the recruitment was defreeze on 09.01.2013 but the Petitioner failed to join upto 16.01.2013, therefore, other candidates were issued offer letters and appointed against the rest of the vacancies. It is further stated that the recruitment process has been started again and the advertisement was published on 31.05.2013, but no post has been advertised for the Stenographer. The Petitioner submits that despite approaching Central Prison Sukkur for joining he was not allowed to join the duty.

First of all, we would like to hold that when the appointment of Petitioner was made there was no ban or freezing order. The order of ban if any was passed by Chief Minister Sindh after the appointment of the Petitioner. If freezing order of the recruitment is taken into consideration against the Petitioner’s appointment, even then nothing is available on record to show that after defreezing of recruitment process any communication was made by the respondents to the Petitioner asking him to join his place of posting and if after issuing offer letter and posting order, the joining process was delayed due to freezing order issued by the Chief Minister Sindh then how the Petitioner could be blamed when he could not join the duty unless allowed to join.

Leaned A.A.G. could not controvert the aforesaid position, however, he argued that the Petitioner came for joining late, which is otherwise not substantiated by any documentary evidence on record to show that after lifting ban the Petitioner was asked to join immediately as the lifting of ban could not be communicated him automatically unless informed and call him to join.

As a result of above discussion, this petition is allowed. Respondents are directed to allow the Petitioner to join his duties in terms of offer letter at any appropriate place according to their own exigency or requirement.

Judge

Riaz/P.A/*