Zubair Javed (Petitioner) VS Speaker Sindh Assembly & Ors (Respondent)

ORDER SHEET

Order Sheet

IN THE HIGH COURT OF SINDH KARACHI

Constitutional Petition No. D – 2308 of 2020

Date

Order with Signature of Judge

Fresh case :

For order on Misc. No.10681/2020 (Urgent) :

For orders on office objection no.1, 4,12 & 18 :

For order on Misc. No. 10682/2020 (Exemption) :

For order on Misc. No. 10683/2020 (Stay) :

For hearing of main case.

Malik Naeem Iqbal, advocate for the petitioner.

1.Urgency granted.

2.Learned counsel undertakes to comply with the office objections before the next date of hearing.

3.Exemption is granted subject to all just exceptions.

5.It is the case of the petitioner that he was serving as a Sub-Inspector in the Intelligence Bureau and in response to the applications invited by respondent No.1 / Speaker Provincial Assembly of Sindh for the post of Assistant Secretary (BS-18), he applied for the said post after obtaining NOC from his department where he was serving at the relevant time. Thereafter the relevant Selection / Promotion Committee scrutinized and approved the application and documents submitted by the petitioner and after fulfillment of all legal and codal formalities of the recruitment process, he was appointed as Assistant Secretary (BS-18) in the Provincial Assembly of Sindh vide Notification dated 20.02.2019 (page 21). The petitioner is aggrieved by Notification dated 21.04.2020 (page 37) issued by respondent No.2 / Secretary Provincial Assembly of Sindh whereby he has been relieved / repatriated to his parent department purportedly in pursuance of order passed by this Court on 07.04.2020 in C.P No. D-6431/2019. It is contended that vide above mentioned order, this Court had directed the respondents in the said petition to submit a list before this Court of all such persons who were absorbed / appointed at any post and were still holding such post in the Provincial Assembly of Sindh. It is urged that as the petitioner was not absorbed / appointed in the manner in which respondent No.7 in the above petition had been absorbed, his name ought not to have been included in the list submitted before this Court in the above petition, and as such he was not liable to be repatriated. It is further urged that the impugned Notification, on the face of it, is misconceived and as such is liable to be suspended / set aside.

Issue notice to the respondents as well as to learned Advocate General Sindh with direction to file comments before the next date of hearing. Till the next date of hearing, operation of impugned Notification dated 21.04.2020 (page 37) shall remain suspended. To be listed on 14.05.2020 at 11:00 a.m. along with C.P No.D-6431/2019.

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