Case Details

Citation(s)
2014 SLG 2678 2014 SLD 2678 2014 PLC 1313
Sindh High Court
Constitutional Petition No.D-1707 of 2011, decided on 16th April, 2013.
AQEEL AHMED ABBASI AND HABIB-UR-REHMAN SHAIKH, JJ
Lal Bux Khoso for Petitioner. Allah Bachayo Soomro, Addl. A.G. Sindh for
Respondents.

AHMED

VS

SECRETARY EDUCATION AND LITERACY DEPARTMENT GOVERNMENT OF SINDH and 3 others

Law:

Section:

Constitution of Pakistan--- ----Art. 199--- Constitutional petition--- Laches--- Civil service---Appointment on contract basis---Petitioner was issued appointment order whereafter posting had not been given to him---Petitioner approached High Court after considerable lapse of time---No explanation with regard to laches had been given---Contract period of three years of service had already lapsed---Effect---High Court declined to exercise discretion under constitutional jurisdiction and to grant relief to the petitioner who had approached High Court after considerable lapse of time when the contract period of his service had already expired---Constitutional petition was dismissed. ORDER Through instant petition, the petitioner has prayed his appointment as primary school teacher at District Badin pursuant to advertisement issued in Newspaper dated 6-4-2007. It has been claimed that the petitioner was issued appointment order whereafter posting has not been given to the petitioner by the respondents. 2. Learned A.A.G. has raised an objection with regard to maintainability of the instant petition and states that the petitioner is seeking appointment pursuant to a policy which was issued in the year 2005 whereafter such policy was revised in 2008. Per learned A.A.G. even the contract period has been concluded and the petitioner has filed instant petition after considerable lapse of time in 2011, when the policy does not exist. It is further contended that the petitioner has not filed all the relevant documents to substantiate that he was eligible and qualified to be given appointment pursuant to policy on contract basis. In support of his contention learned A.A.G. has placed reliance in the case of Ghulam Shabbir and others v. Province of Sindh and others in C.P. Nos.D-670 and 1090 of 2008 and the order passed in C.P. No.D-147 of 2010, wherein per learned A.A.G. under similar circumstances the petitions were dismissed. 3. On the other hand learned counsel for the petitioner states that since the petitioner was issued offer letter whereafter appointment was not given to the petitioner, therefore, he is entitled to be appointed as Primary School Teacher on contract…
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