Case Details

Citation(s)
2020 SLG 2536 2020 SLD 2536 2020 PLC 1484
Sindh High Court
C.Ps. Nos.D-6352 of 2016, D-3577, D-4000, D-4689, D-5379, D-7211 of 2017 and D-4510 and D-5645 of 2018, decided on 27th May, 2019, Dates of hearing: 7th and 23rd May, 2019.
AZIZ-UR-REHMAN, JUSTICE, ADNAN-UL-KARIM MEMON, JUSTICE
Shoa-un-Nabi and Nadeem Shaikh for Petitioners. Shaukat Ali Shaikh for DMC Malir, Karachi. Iqbal Khurram for KMC. Ms. Azra Moqueem for KMC. Abdul Khalil for DMC Central, Karachi. Ahmed Zameer for DMC Korangi, Karachi. Mirza Saleem Akhtar for DMC Sou

FAHEEM AHMED ATTARI AND OTHERS

VS

PROVINCE OF SINDH AND OTHERS

Law:

Section:

(a) Civil service--- ----Irregularities in the appointments---Stoppage of salaries of the employees---Contention of employees was that their appointments were genuine whereas department contended that their appointments had been made without codal formalities---Validity---Disputed questions of facts could not be determined by the High Court while exercising constitutional jurisdiction---Competent authority was to determine the genuineness or otherwise of the documents produced on behalf of parties---Chief Secretary was directed to constitute a committee for an inquiry of alleged fraud and forgery in the appointments after affording an opportunity of hearing to the petitioners---Constitutional petition was disposed of, accordingly. Government of the Punjab through Chief Secretary and others v. Aamir Junaid and others 2015 SCMR 74 rel. (b) Administration of justice--- ----He who seeks equity must do equity. (c) Administration of justice--- ----Ill-gotten gains could not be protected. JUDGMENT ADNAN-UL-KARIM MEMON, J.---- All the above referred Constitutional Petitions are being disposed of vide this Single Judgment, as common questions of law and facts are involved therein. Basically the Petitioners are seeking direction to the Respondents to release their monthly salary, which has been stopped with effect from August, 2015 and up-to-date. 2. Brief facts of the case as averred by the Petitioners are that they were appointed on the posts of Teaching and non-Teaching staff, in the years 1997 and 2009 respectively in Education Department of Karachi Municipal Corporation (KMC). After fulfilling all the codal formalities, they resumed their duties at their respective places of posting and received their salaries up to July, 2015. Per Petitioners, they have been working on their respective posts till today, but their salaries have not been paid. Petitioners protested and approached the Respondents, who kept them on hollow hopes. Petitioners added that the Respondents reinstated the service of the colleagues of the Petitioners with the reason that their appointments were found to be genuine, whereas they have been left out, whose appointments is genuine. Petitioners…
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