| Citation(s) |
|---|
| 2020 SLG 510 2020 SLD 510 2020 PLC 268 |
Sindh High Court
C.P. No. D-333 of 2016, decision & hearing Date : 3rd September, 2018
IRFAN SAADAT KHAN, JUSTICE ADNAN-UL-KARIM MEMON, JUSTICE
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C.P. No. D-333 of 2016, decision & hearing Date : 3rd September, 2018
IRFAN SAADAT KHAN, JUSTICE ADNAN-UL-KARIM MEMON, JUSTICE
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MIAN SYED HUSSAIN AND 13 OTHERS
VS
PROVINCE OF SINDH THROUGH SECRETARY FOOD DEPARTMENT AND OTHERS
Law: Constitution of Pakistan, 1973
Section: 212
Civil service--- --Petitioner sought direction for issuance of posting order---Bar of jurisdiction contained in Art.212 of the Constitution---Effect---Petitioners filed appeal before Service Tribunal but same was dismissed and thereafter present constitutional petition had been filed---Held, High Court could not entertain grievance of petitioners in view of the bar contained under Art. 212 of the Constitution---Matter did fall within the exclusive domain of Supreme Court being Appellate Court against the decision of Service Tribunal---Petitioners might avail appropriate remedy as provided under the law---Constitutional petition was dismissed, accordingly. Manzoor Hussain Chandio and others v. Province of Sindh and others 2009 PLC 925 ref. Ali Azhar Khan Balouch and others v. Province of Sindh and others 2015 SCMR 456 rel. THIS JUDGMENT DELIVERED BY: ADNAN-UL-KARIM MEMON, JUSTICE:---.--- Through the instant Petition, the Petitioners are seeking direction for issuance of posting orders and release of their salaries. 2. The case of the Petitioners in a nutshell is that in pursuance of advertisement published in "Daily Dawn" on 14.2.2010, inviting applications for appointment of Chowkidar/Naib Qasids in BPS-01, in Regional Directorate of Food Karachi Region, the Petitioners applied for the aforesaid posts and after interview were declared successful candidates. Petitioners have submitted that on 09.04.2013, Respondent-Food department issued offer letters to the Petitioners as Chowkedar/Naib Qasid in BPS-1, and in pursuance thereof, they joined their respective duties upon fulfilling all the legal and codal formalities. Petitioners have submitted that they performed their duties assigned to them with keen interest and devotion without any complaint thereof; they are required to be paid salaries for their service accordingly. Petitioners added that due to non-payment of their salaries, they filed C.P. No.D-3566 of 2014 before this Court, later on the same was remitted to the learned Sindh Service Tribunal, Karachi vide order dated 20.01.2015, however their Service Appeal No. 65/2015 was dismissed by the learned Sindh Service Tribunal vide order dated 10.03.2015 withβ¦
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