ORDER SHEET

IN THE HIGH COURT OF SINDH, KARACHI.

C. P. No.D-159 of 2015

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DATED: ORDER WITH SIGNATURE OF JUDGE.

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1. For orders on office objection No. 2 & 8

2. For Katcha-Peshi

3. For hearing of Misc. No.630/15

4. For hearing of Misc. No.8140/15

5. For hearing of Misc. No.8141/15

6. For hearing of Misc. No.8142/15

7. For hearing of Misc. No.8143/15

8. For hearing of Misc. No.8144/15

29^th May, 2015.

Mr. Kafeel Ahmed Abbasi, Advocate for the Petitioner along with Petitioner.

Malik Naeem Iqbal, Advocate for Respondent No.4.

Mr. Abdul Jalil Zubedi, A.A.G. along with Mr. Khadim Hussain, Section Officer S&GAD.

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Through this petition, the Petitioners have challenged the Notification dated 26.11.2014, whereby the Respondent No.4 was given charge for the post of Director General, Sehwan Development Authority, till the regular officer is available. Since various allegations have been leveled against Respondent No.4 hence vide interim Order dated 12.01.2015, the Respondent No.4 was restrained from withdrawing or releasing funds of the Sehwan Development Authority except routine and administrative expenses. It was also the case of the Petitioners that after filing this petition they were being harassed by the Respondent No.4 and their salaries were also stopped. The learned counsel for the Petitioners has filed M.A.No.4810/2015 and attached copy of Notification dated 25.03.2015, which shows that posting order of the Respondent No.4 has been cancelled / withdrawn but he is not relieving the charge. Mr. Khadim Hussain, Section Officer, S&GAD, is present and he has confirmed that the posting order of the Respondent No.4 has been withdrawn and he has been called upon to report Sindh Local Government Department and in this regard instructions have already been issued. Since the posting order of Respondent No.4 has already been withdrawn, therefore no further order is required to be passed in this case and this petition has served its purpose.

At this juncture, learned counsel for the Petitioners pointed out the M.A.No.8144/2015, in which the prayer has been made that the Respondent No.4 be directed to pay the salaries of the Petitioners. Since the directions have been sought against the Respondent No.4, whose posting has already been cancelled / withdrawn, therefore, no directions can be issued at this stage to the Respondent No.4 for the payment of salaries, however, it is clarified that if Petitioners are performing their duties it is their legitimate and vested right to get salaries for the services rendered by them. Therefore, the new incumbent i.e. Director General, Sehwan Development Authority shall examine the case and if the salaries of the Petitioners are found unpaid and they are performing their duties their salaries shall be paid in accordance with law on priority basis as the Petitioners present in Court submit that they are suffering financial hardship and the month of holy Ramzan is also approaching.

This petition is disposed of in the above terms along with pending applications.

Judge

Riaz/P.A/*